Thomson v. Sleeper
Massachusetts Supreme Judicial Court
Petition, filed December 17,1896, for a writ of mandamus to issue to the respondent, as clerk of the Municipal Court of the city of Boston, requiring him to issue an alias execution on a judgment rendered by that court.
Read the full summary
Petition, filed December 17,1896, for a writ of mandamus to issue to the respondent, as clerk of the Municipal Court of the city of Boston, requiring him to issue an alias execution on a judgment rendered by that court. The petition alleged that on October 2, 1895, the petitioner recovered judgment in the Municipal Court of the city of Boston against Alfred A. Marcus and Simeon Marcus, copartners; that, upon an execution duly issued thereon, Simeon Marcus was arrested and entered into a recognizance in accordance with the statutes for the relief of poor debtors, and that subsequently said…
1Opinion of the CourtField, C. J.
If the judgment had been rendered against Simeon Marcus as sole defendant, then, upon his being arrested and giving a recognizance in accordance with the statutes for the relief of poor debtors, several things might have happened which the judgment creditor could not prevent, and to which his consent was not necessary. The debtor might have been examined and the oath for the relief of poor debtors administered to him. Upon taking this oath the debtor would become forever exempt from arrest on the same execution, or on any process founded on the judgment or on the same cause of action, unless…
2Cases cited7 opinions
- Briggs v. WardwellMassachusetts Supreme Judicial Court · 1813
- Morgan v. CurleyMassachusetts Supreme Judicial Court · 1886
- Raymond v. ButterworthMassachusetts Supreme Judicial Court · 1885
- Fisher v. DeansMassachusetts Supreme Judicial Court · 1871
- Tracy v. PrebleMassachusetts Supreme Judicial Court · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Royal Tool & Gauge Corp. v. Clerk of the CourtsMassachusetts Supreme Judicial Court · 1950
- Contakis v. FlavioMassachusetts Supreme Judicial Court · 1915
- Watts v. StevensonMassachusetts Supreme Judicial Court · 1897
- Crawford-Plummer Co. v. McCarthyMassachusetts Supreme Judicial Court · 1917
- Plympton's CaseMassachusetts Supreme Judicial Court · 1907