Pearse v. Hill
Massachusetts Supreme Judicial Court
Contract, upon a judgment recovered by the plaintiff, on January 8, 1894, in the Superior Court, in an action against the present defendant upon an account annexed. At the trial in the Superior Court, before Maynard, J., the plaintiff offered in evidence the clerk’s record of the judgment and rested. The defendant offered no evidence, and rested, and asked certain rulings not necessary to be stated.
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Contract, upon a judgment recovered by the plaintiff, on January 8, 1894, in the Superior Court, in an action against the present defendant upon an account annexed. At the trial in the Superior Court, before Maynard, J., the plaintiff offered in evidence the clerk’s record of the judgment and rested. The defendant offered no evidence, and rested, and asked certain rulings not necessary to be stated. The judge refused to give any of the rulings, and ordered the jury to return a verdict for the plaintiff; and the defendant alleged exceptions. The material facts appear in the opinion.
1Opinion of the CourtField, C. J.
This action is upon a judgment of a court of this Commonwealth which had jurisdiction of the subject and of the parties. It is regular in form, and is valid between the parties until vacated or reversed. The record of the judgment put in evidence shows that the parties agreed to refer the action, and that the action was referred, and that the referee was authorized to proceed ex parte if either party neglected to appear after due notice. Both parties appeared before the referee by their attorneys, and several hearings were had, after which the original attorney for the defendant withdrew his…
2Cited by2 opinions
- Cadle Co. v. RoweMassachusetts District Court, Appellate Division · 2000
- Yale University v. WeissmanMassachusetts District Court, Appellate Division · 1936