Linton v. Hurley
Massachusetts Supreme Judicial Court
CONTRACT in the Superior Court upon a judgment recovered by the plaintiff in the Supreme Judicial Court. The answer was a general denial, and payment and satisfaction. At the trial, before Devens, J., the plaintiff called the clerk of the Supreme Judicial Court, who read from the record of that court a judgment corresponding in date and amount with that set forth in the declaration.
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CONTRACT in the Superior Court upon a judgment recovered by the plaintiff in the Supreme Judicial Court. The answer was a general denial, and payment and satisfaction. At the trial, before Devens, J., the plaintiff called the clerk of the Supreme Judicial Court, who read from the record of that court a judgment corresponding in date and amount with that set forth in the declaration. It further appeared that an execution had issued upon the judgment December 8, 1859, and had not been returned. The defendant contended that the plaintiff could not recover upon this evidence, and that the absence…
1Opinion of the Court
By the Court.
An action brought upon a judgment within
twenty years after it is rendered may be maintained, without regard to the question whether an execution has been taken out or returned, unless the defendant proves payment or satisfaction. Gen. Sts. c. 133, § 17; c. 155, §§ 1, 23. O'Neal v. Kittredge, 3 Allen, 470.
Exceptions overruled.
2Cited by15 opinions
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- Hummer v. LamphearSupreme Court of Kansas · 1884
- Tettamanzi v. ZenoSupreme Court of Puerto Rico · 1917
- Leman v. LockeMassachusetts Supreme Judicial Court · 1922
- Leventhal v. American Discount Corp.Massachusetts Appeals Court · 1981
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