Cunningham v. Turner

Decided July 15, 1841

Supreme Judicial Court of Maine · decided 1841-07-15

Debt on a poor debtor’s bond. Two justices of the quorum certified, that the said Turner presented himself, and we the said justices, having examined the notification and return thereon, and having found the same regular and in due form, have proceeded in the examination of said Turner in the way and manner by statute provided, and upon the whole examination, being satisfied that said Turner’s disclosure is true, and that he is entitled to the benefit of the act aforesaid,…

Decided 1841-07-15

By the Court.

¶1We have decided in the case of Cary v. Osgood fy al. 18 Maine R. 152, that where the justices have examined the notification to'the creditor, and have found .it to be in conformity with the law, their decision upon this point is conclusive; and that it is not competent for the plaintiff to go behind their certificate, and raise subsequently any question as to the sufficiency of the notice. The certificate of the justices in this case is, that the principal caused the creditor to be notified according to law. Having thereupon administered to him the oath, the condition of the bond was performed, and the evidence on the part of the plaintiff which was objected to, was not legally admissible.

¶2Judgment for the defendants.