Nash v. Coffey

105 Mass. 341

Opinion

Gray, J.

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*