Stevens v. Edwards

Massachusetts Supreme Judicial Court

Stevens v. Edwards

66 Mass. 79

CourtMassachusetts Supreme Judicial Court

DecidedMarch 15, 1853

StatusPublished

This text of 66 Mass. 79 (Stevens v. Edwards) 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

Stevens v. Edwards, 66 Mass. 79 (Mass. 1853).

Pincite

Opinion

By the Court.

The exceptions must be sustained, on the ground that notice of the debtor’s desire to take the poor debtor’s oath must be given by him to the jailer, and by the jailer to the magistrate; as well since the St. 1844, c. 154, as before; as has been decided in two former cases. Bruce v. Keogh, 7 Cush. 536; Proctor v. Wood, Middlesex, 1852. The discharge not being valid, the departure of the debtor beyond the prison limits was a breach of the bond.

Verdict set aside ; new trial in this cou/rt.

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By the Court.

The exceptions must be sustained, on the ground that notice of the debtor’s desire to take the poor debtor’s oath must be given by him to the jailer, and by the jailer to the magistrate; as well since the St. 1844, c. 154, as before; as has been decided in two former cases. Bruce v. Keogh, 7 Cush. 536; Proctor v. Wood, Middlesex, 1852. The discharge not being valid, the departure of the debtor beyond the prison limits was a breach of the bond.

Verdict set aside ; new trial in this cou/rt.

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Bluebook (online)

66 Mass. 79, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stevens-v-edwards-mass-1853.