Clatur v. Donegan
Decision Date | 29 November 1878 |
Citation | 126 Mass. 28 |
Parties | Ellen A. Clatur v. George Donegan |
Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Suffolk. Charges of fraud, filed under the Gen. Sts. c. 124 § 31, upon the defendant's application to be admitted to take the poor debtor's oath. The first and fourth charges were as follows:
The second and third charges set forth like conveyances of the debtor's title and interest in lands described in certain deeds annexed.
At the hearing before the magistrate, the debtor was found guilty and sentenced to imprisonment upon the fourth charge, and was found not guilty of the other charges, and appealed to January term 1877 of the Superior Court.
The case came on for trial at January term 1878. After the reading of the copies sent up by the magistrate, the debtor moved to dismiss, for the reason that the fourth allegation contained no charge upon which the debtor could be tried, inasmuch as the property therein alleged to have been conveyed was not alleged to have been the property of the debtor.
Rockwell J. ruled, "that the motion to dismiss was properly filed; that the fourth allegation did not aver that the property conveyed was the property of the defendant; that the fourth allegation did not state a charge upon which the...
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Morse v. O'Hara
...47;Smith v. Dickinson, 140 Mass. 171, 3 N. E. 40;Lockhead v. Jones, 137 Mass. 25;Noyes v. Manning, 159 Mass. 446, 34 N. E. 682;Clatur v. Donegan, 126 Mass. 28;Fletcher v. Bartlett, 10 Gray, 491; Mowry's Case, 112 Mass. 394;Lamagdelaine v. Tremblay, 162 Mass. 339, 39 N. E. 38. This conclusio......
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Morse v. O'Hara
...v. Dayton, 125 Mass. 47 . Smith v. Dickinson, 140 Mass. 171. Lockhead v. Jones, 137 Mass. 25 . Noyes v. Manning, 159 Mass. 446 . Clatur v. Donegan, 126 Mass. 28 Fletcher v. Bartlett, 10 Gray, 491, Mowry's Case, 112 Mass. 394 . Lamagdelaine v. Tremblay, 162 Mass. 339 . This conclusion is sup......
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Frost's Case
... ... general charge, clearly setting out the nature and ... particulars of the offence charged. Stockwell v ... Silloway, ubi supra. Clatur v ... Donegan, 126 Mass. 28. But in the present stage of ... the case the affidavit cannot properly be called a charge of ... an offence to which ... ...