Carter v. Clohecy
This text of 100 Mass. 299 (Carter v. Clohecy) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The only point argued relates to the sufficiency of the notice of the time fixed for taking the examination of the debtor. And this is settled by the express provision of the Gen. Sts. c. 124, § 12, which requires that the magistrate shall issue [300]*300a notice signed by him and designating his official capacity Following the form given in the statute and annexing simply the word “ magistrate ” is manifestly no compliance with its provisions in this respect. The form given is intended to be changed so as to meet the express requirements of the statute, and much of it, including the word “ magistrate ” at the end of the signature, is accordingly printed in brackets.
Judgment for the plaintiff.
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100 Mass. 299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-clohecy-mass-1868.