Hayes v. Canada, A. & P. S. S. Co.
Court of Appeals for the First Circuit
In Error to the Circuit Court of the United States for the District of Massachusetts. Petition by the Canada, Atlantic & Plant Steamship Company, Limited,' for a writ of mandamus against William A. Hayes, 2d, United States Commissioner, to compel defendant to entertain an application for a certificate for the arrest of a judgment debtor on mesne process. Prom a judgment granting the writ, the defendant brings error.
1Opinion of the Court
ALDRICH, District Judge.
This case involves a petition for a writ of mandamus to be directed to a United States commissioner who declined to entertain an application for a certificate for the arrest of a judgment debtor upon an execution issued by the Circuit Court. ,
The application is based upon a supposed right under section 990 of the Revised Statutes of the United States (U. S. Comp. St. 1901, p. 709), and the certificate was asked for upon the ground that the judgment . debtor had property which he did not intend to apply in payment of the execution. The commissioner declined to entertain…
2Cases cited2 opinions
- Holmgren v. United StatesSupreme Court of the United States · 1910
- Low v. DurfeeU.S. Circuit Court for the District of Massachusetts · 1880