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122 Mass. 441

McLeod v. Freeman

Massachusetts Supreme Judicial Court · decided 1877-04-10

<p>it the expiration of the hour to which an examination of a poor debtor had been adjourned, the debtor not having appeared except by attorney, the plaintiff moved for a default, and the debtor’s attorney at the same time filed a motion in arrest of judgment. The debtor was defaulted, and the motion in arrest of judgment was continued for hearing; and the magistrate, at an adjourned hearing which the creditor did not attend, took off the default and discharged the debtor. Held, that the magistrate, by adjourning the hearing on the motion in arrest of judgment, before making a final decision, retained jurisdiction of the whole case, and had authority to discharge the debtor.</p>

Cited by 2 later decisions — most recently February 1917

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1877-04-10

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Gray, C. J.

¶1The debtor having appeared by attorney within the hour, and moved in arrest of judgment at the end of the hour, and at the very time when a default was moved for by the creditor and entered by the magistrate, and the magistrate having thereupvu continued the motion in arrest of judgment for further hearing, the magistrate had made no final decision, but retained jurisdiction of the whole case; both parties were hound to appear at the times to which the matter was successively adjourned hy the magistrate; the debtor, having appeared accordingly, made no default at any time appointed for the hearing upon the charges of fraud; and the orders of the magistrate, taking off the default, and, after special notice to the creditor, *443discharging the debtor, were valid. Gen. Sts. c. 124, §§ 16, 34. Mann v. Mirick, 11 Allen, 29. Sweetser v. Eaton, 14 Allen, 157. Judgment on the verdict.

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