Clark v. Goodwin
Massachusetts Supreme Judicial Court
This was an action of debt on a judgment of the Circuit Court of Common Pleas for the county of Plymouth. The defendant pleads in bar, that, after the recovery of the judgment declared on, the plaintiff sued out his writ of execution thereon, which was returned unsatisfied ; whereupon he sued out a writ of scire facias against the defendant’s bail, who surrendered the defendant, who was thereupon, by order of court, duly committed to prison, there to remain for the space of…
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This was an action of debt on a judgment of the Circuit Court of Common Pleas for the county of Plymouth. The defendant pleads in bar, that, after the recovery of the judgment declared on, the plaintiff sued out his writ of execution thereon, which was returned unsatisfied ; whereupon he sued out a writ of scire facias against the defendant’s bail, who surrendered the defendant, who was thereupon, by order of court, duly committed to prison, there to remain for the space of thirty days, to be taken in execution if his creditor should think proper so to take him; that he continued in prison…
1Opinion of the CourtPutnam, J.
The creditor has an election to attach the property or the body of the debtor on mesne process, as well to secure his debt as to compel the debtor to answer; and by law the lien created by the attachment continues for thirty days after judgment. During that time the creditor may deliberate and determine what future process will be most for his advantage. If he sues an execution, he may direct it to be levied upon his body, if the debtor does not produce estate to the creditor’s acceptance. He is not obliged to take the body, or property which was attached on the original writ. If he should…
2Cited by14 opinions
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