Gray v. Thrasher
Massachusetts Supreme Judicial Court
Writ of error to reverse a judgment rendered by the superior court, at October term 1868, on a writ of scire facias against the plaintiff in error.
Read the full summary
Writ of error to reverse a judgment rendered by the superior court, at October term 1868, on a writ of scire facias against the plaintiff in error. The record showed that, in an action of contract brought by the defendant in error against Merrill Davis, in the municipal court for the city of Boston, the plaintiff in error was summoned, and on his default was charged, as trustee of Davis, against whom, on February 19,1868, the defendant in error recovered judgment for $300 and costs; that on May 29 a scire facias was sued out on this judgment, and duly returned and entered in the municipal…
1Opinion of the CourtColt, J.
The defendant’s plea to the jurisdiction of this "court in this.writ of error is founded upon the Gen. Sts. c. 129, § 79, by which it is provided that defects in the writ or other process by which the defendant is brought before the court shall not affect the jurisdiction of the court. But the objection of the plaintiff in error, which was made in the original suit, was not to the process or its service; it was to the jurisdiction of the court over the subject matter of the suit; and this was a defect which could not be waived by appearance and answer. Ashuelot Bank v. Pearson, 14 Gray, 521.…
2Cited by12 opinions
- McLaughlin v. CowleyMassachusetts Supreme Judicial Court · 1879
- Donnelly v. MontagueMassachusetts Supreme Judicial Court · 1940
- Perkins v. BangsMassachusetts Supreme Judicial Court · 1910
- Parker v. DekleSupreme Court of Florida · 1903
- Finance Corp. v. ParkerMassachusetts Supreme Judicial Court · 1925
7 more not listed; retrieve them via the Exa API.