Smith v. Stockbridge

Massachusetts Supreme Judicial Court

Smith v. Stockbridge

9 Mass. 221

CourtMassachusetts Supreme Judicial Court

DecidedSeptember 15, 1812

StatusPublished

Cited by2 cases

This text of 9 Mass. 221 (Smith v. Stockbridge) 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.

Bluebook

Smith v. Stockbridge, 9 Mass. 221 (Mass. 1812).

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Opinion

The Court

held that the statute of 1785 was not intended to repeal the provision in that of 1784. But to be within the purview of that provision, a bond must be in double the sum for which the debtor is imprisoned. In all other cases, it is subject to the chancery powers of the Court. In the exercise of those powers, it has been repeatedly holden that judgment shall be entered for the sum due on the execution. For that sum the debtor’s body was a pledge ; and the pledge having been withdrawn, the creditor is entitled to the same sum.

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The Court

held that the statute of 1785 was not intended to repeal the provision in that of 1784. But to be within the purview of that provision, a bond must be in double the sum for which the debtor is imprisoned. In all other cases, it is subject to the chancery powers of the Court. In the exercise of those powers, it has been repeatedly holden that judgment shall be entered for the sum due on the execution. For that sum the debtor’s body was a pledge ; and the pledge having been withdrawn, the creditor is entitled to the same sum.

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Bluebook (online)

9 Mass. 221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-stockbridge-mass-1812.

Opinion

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