Hills v. Jones
Massachusetts Supreme Judicial Court
Contract on a recognizance entered into on July 10, 1875, under the Gen. Sts. c. 124, § 10, by the defendant Jones, as principal, and the other defendant as surety, and conditioned that Jones, who had been arrested on an execution in favor of the plaintiffs, should within thirty days from the day of his arrest deliver himself up for examination before some magistrate authorized to act, giving notice of the time and place thereof in the manner provided by law, and appear at…
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Contract on a recognizance entered into on July 10, 1875, under the Gen. Sts. c. 124, § 10, by the defendant Jones, as principal, and the other defendant as surety, and conditioned that Jones, who had been arrested on an execution in favor of the plaintiffs, should within thirty days from the day of his arrest deliver himself up for examination before some magistrate authorized to act, giving notice of the time and place thereof in the manner provided by law, and appear at the time fixed for his examination, and from time to time until the same was concluded, and not depart without leave of…
1Opinion of the CourtLord, J.
It has been settled by a series of decisions, too numerous to be now questioned, that when a party gives notice of the intention to take the poor debtor’s oath, one hour from the time fixed in the notice is allowed for debtor, creditor and magistrate to appear, and neither is in default till the expiration of a full hour. Niles v. Hancock, 3 Met. 568. Hobbs v. Fogg, 6 Gray, 251. Adams v. Stone, 13 Gray, 396. Thacher v. Williams, 14 Gray, 324. It is not therefore an open question in this Commonwealth. In Niles v. Hancock, the debtor did not appear till some ten minutes after the expiration of…
2Cases cited3 opinions
- Johnson v. HigginsCourt of Appeals of Kentucky · 1861
- Palmer v. MerrillMassachusetts Supreme Judicial Court · 1850
- Godfrey v. MunyanMassachusetts Supreme Judicial Court · 1876
3Cited by8 opinions
- Chesebro v. BarmeMassachusetts Supreme Judicial Court · 1895
- Everett v. HendersonMassachusetts Supreme Judicial Court · 1890
- Warburton v. GourseMassachusetts Supreme Judicial Court · 1906
- Goodrich v. HansonMassachusetts Supreme Judicial Court · 1921
- Niles v. SilvermanMassachusetts Supreme Judicial Court · 1913
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