Nash v. Coffey
This text of 105 Mass. 341 (Nash v. Coffey) 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 statute requires the notice of the time and place appointed for the examination of the debtor to be signed by the magistrate, “ designating his official capacity.” The designation of “ justice of the peace ” attached to the signature of the magistrate in this case does not show that he had any capacity to issue the notice, for a justice of the peace has no jurisdiction or authority in the premises, unless he has also been designated and commissioned as a trial justice. The notice was therefore insufficient. Gen. Sts. c. 124, §§ 9,12. Carter v. Clohecy, 100 Mass. 299. Maloney v. Piper, ante 233.
Judgment for the plaintiff*
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105 Mass. 341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nash-v-coffey-mass-1870.