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10 Me. 334

Page v. Plummer

Supreme Judicial Court of Maine

Decided June 15, 1833

Supreme Judicial Court of Maine · decided 1833-06-15

This was an action of debt on bond, with condition as prescribed by the act for the relief of poor debtors. The breach relied on by the plaintiff was, that the debtor did not surrender himself according to the condition of the bond. The defendants produced a certificate of two justices of the quorum that they had administered the poor debtor’s oath to the execution debtor. Also a written acknowledgment of notice, signed by John Otis, Esq, attorney to the plaintiff.

Decided 1833-06-15

Mellen C. J.

¶1The plaintiff agreed to accept of the notice given to his attorney ; and though it was not the statute notice, yet his conduct amounts to a waiver of all objection to the want of it. There is no pretence for sustaining the action.

¶2Plaintiff nonsuit,

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