Massachusetts Supreme Judicial Court, 1868

Carter v. Clohecy

Massachusetts Supreme Judicial Court · Decided November 15, 1868 · Colt

100 Mass. 299

Cases that cite this one

2 later published cases cite this decision.

Maloney v. Piper (Mass. 1870)
Nash v. Coffey (Mass. 1870)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Colt, J.

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 *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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.