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39 Me. 52

Pike v. Herriman

Supreme Judicial Court of Maine

Decided July 1, 1854

Supreme Judicial Court of Maine · decided 1854-07-01

Petition for tbe writ of certiorari. The petitioner was a creditor in an execution against tho defendant, on which he had disclosed before two justices of the peace and quorum, and taken the oath prescribed by law. The errors assigned were that no notice was left as certified by the ofiicer at the place specified in his return, nor had the creditor or his attorney any notice in fact or in law, of the time and place of the debtor’s disclosure.

Cited by 2 later decisions — most recently December 1949

1 state decisions

Relies on Starr v. Trustees of Rochester · Commonwealth v. Blue-Hill Turnpike Corp.

Good law ✅— No negative treatment on recordhow we know

Decided 1854-07-01

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Shepley, C. J.

¶1— This is a petition for a writ of certio-rari to bring up the record of the proceedings of two justices of the peace and of the quorum in taking the disclosure and administering an oath to the respondent as a poor debtor.

¶2*53It is proposed, that certain, facts dehors the record should be proved; and depositions are presented by the petitioner for that purpose.

¶3A writ of certiorari' can present only a record of their proceedings. No testimony can be received from the petitioner to aifect that record, or to prove other facts not appearing in it. Commonwealth v. Bluehill Turnpike Corp. 5 Mass. 420.

¶4The adjudication of an inferior tribunal upon facts presented by a record of its proceedings is conclusive. Goodwin v. Inhabitants of Hallowell, 3 Fairf. 271; Hayward, petitioner, 10 Pick. 358; Starr v. Trustees of Rochester, 6 Wend. 564.

¶5The decision of the justices upon the sufficiency of the notice to the creditor, would, therefore, upon general principles, be conclusive upon this Court.

¶6The justices must have decided upon the sufficiency of that notice before they proceeded to take the disclosure and to administer the oath.

¶7It has been uniformly held, that their decision was conclusive upon the sufficiency of the notice, by virtue of the provisions of the statutes under which they have acted, unless all the facts have been submitted to the consideration of this Court by an agreed statement. Hanson v. Dyer, 17 Maine, 96.

¶8In the cases cited for the petitioner, of Dow v. True, 19 Maine, 46, Little v. Cochran, 24 Maine, 509, the decisions were made upon errors disclosed by the record.

¶9The first of those cases arose before the R. S., were in force. In the latter case the justices presented, “ a document certified by them to be the record of their proceedings.”

¶10Whether under the present provisions of the statutes a writ of certiorari can in any case of this kind be properly issued, it is not necessary to decide. Writ denied.

Tenney, HowaRD and Appleton, J. J., concurred.
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