Carrique v. Bristol Print Works
Massachusetts Supreme Judicial Court
Writ of review. The plaintiffs in review brought an action, in 1839, against John Sidebottom, and summoned the Bristol Print Works, the defendants in review, as his trustees, who made an answer, by Charles Porter, their clerk, stating that Sidebottom had been in their employment, and that his wages, due at the time of the service of the trustee process, were $ 47-62: That he, in March 1838, drew an order on said Porter, requesting him to pay Leonard & Atwood his wages, from…
Read the full summary
Writ of review. The plaintiffs in review brought an action, in 1839, against John Sidebottom, and summoned the Bristol Print Works, the defendants in review, as his trustees, who made an answer, by Charles Porter, their clerk, stating that Sidebottom had been in their employment, and that his wages, due at the time of the service of the trustee process, were $ 47-62: That he, in March 1838, drew an order on said Porter, requesting him to pay Leonard & Atwood his wages, from month to month, as they should become due, and what might then be due to him from the Bristol Print Works: That said…
1Opinion of the CourtShaw, C. J.
This presents a case of some interest, in point of practice. The cause was formerly before the court, and was decided, and the Print Works were charged as trustees of Side-bottom. 3 Met. 297.
The cause having been continued nisi, and considered and decided in another county, an erroneous certificate was sent, directing the clerk to enter a judgment discharging the trustees. When the fact came to be known, by the publication of the report, a petition for a review was presented by the plaintiffs, in order to set aside and reverse the erroneous judgment, and have a new judgment entered. After…
2Cases cited1 opinion
- Gross v. JonesCourt of Appeals of Kentucky · 1860