Dalton-Ingersoll Co. v. Hubbard
Massachusetts Supreme Judicial Court
Contract, against the surety, upon a poor debtor’s recognizance. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon agreed facts, in substance as follows. The judgment debtor, who resided in Brookline, in the county of Norfolk, was arrested in Boston in Suffolk county by a constable, on a pluries execution.
Read the full summary
Contract, against the surety, upon a poor debtor’s recognizance. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon agreed facts, in substance as follows. The judgment debtor, who resided in Brookline, in the county of Norfolk, was arrested in Boston in Suffolk county by a constable, on a pluries execution. This execution was issued in an action in which the damages were laid at $500. The original execution issued for $338.62. The amount of the original execution appeared on the face of the pluries, together with a credit of…
1Opinion of the CourtKnowlton, J.
The principal question in this case is whether a poor debtor arrested on execution, who has recog*308nized to appear before a court or magistrate to take the oath for the relief of poor debtors, can properly apply to a magistrate in another county than that in which he was arrested. In the Prov. Sts. 1698, c. 11, 1 Prov. Laws, (State ed.) 330, there was a provision for the release of poor debtors upon taking an oath as prescribed, and it was expressly declared that the hearing should be “ in the same county ” where the debtor was held under arrest. From that time until the enactment of the…
2Cases cited2 opinions
- RubergMassachusetts Supreme Judicial Court · 1896
- Collins v. KennedyMassachusetts Supreme Judicial Court · 1894
3Cited by4 opinions
- Haskell v. CunninghamMassachusetts Supreme Judicial Court · 1915
- Neszery v. BeardMassachusetts Supreme Judicial Court · 1917
- Bliss v. KershawMassachusetts Supreme Judicial Court · 1901
- Brazill v. GreenMassachusetts Supreme Judicial Court · 1922