Brown v. Watson

Decided June 15, 1841

Supreme Judicial Court of Maine · decided 1841-06-15

This was an action of debt on a poor debtor’s bond, in the usual form, given by the defendant, Watson. ' The parties agreed to submit the case, upon the following facts, to the Court for their decision. The defendant, Watson, in this case, applied to a magistrate Instead of the gaoler, who issued a citation to the creditor, which was duly served. At the return day of the execution, the debtor appeared and disclosed.

Decided 1841-06-15

¶1The opinion of the Court was delivered by

Weston C. J.

¶2Two justices of the peace and of the quorum, to whom jurisdiction of the subject matter belonged, having found and certified, that the creditor had been duly notified according to law, their certificate is conclusive upon this point, as was decided by this Court in Churchill v. Balch, 17 Maine R. 411, where the proper distinction was pointed out between that case and Knight v. Norton & al. 15 Maine R. 337. It was not essential to the defence, that the certificate of the justices should be filed with the prison keeper, prior to the suit. Kendrick v. Gregory & al. 9 Greenl. 22.

¶3Judgment for the defendants.