Nash v. Coffey

Decided October 15, 1870

Massachusetts Supreme Judicial Court · decided 1870-10-15

Contract on a recognizance under the Gen. Sts. o. 124, § 10; submitted to the judgment of the court on facts agreed, upon which the issue was raised, whether Coffey, the judgment debtor, was lawfully admitted to take the oath for the relief of poor debtors, by a trial justice, the only designation of whose official capacity, in his notice to the creditor of the time and place appointed for the debtor’s examination, was by the addition of “ justice of the peace ” to his…

Relies on Carter v. Clohecy

Decided 1870-10-15

Gray, J.

¶1The 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.

¶2Judgment for the plaintiff*