Legal Opinion

Gahm v. Wallace

Massachusetts Supreme Judicial Court

Decided May 18, 1910PublishedCited by 14 opinions

Contract, (afterwards amended into a bill in equity as stated in the opinion,) with a declaration in four counts upon four promissory notes of which the defendant was alleged to be the maker. Writ dated November 17,1908. The facts regarding the service upon the defendant and the proceedings in the action at law and the suit in equity into which it was amended are stated in the opinion.

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Contract, (afterwards amended into a bill in equity as stated in the opinion,) with a declaration in four counts upon four promissory notes of which the defendant was alleged to be the maker. Writ dated November 17,1908. The facts regarding the service upon the defendant and the proceedings in the action at law and the suit in equity into which it was amended are stated in the opinion. The first amendment to the declaration, made by leave of court when the order was made removing a default and permitting the defendant to file an answer, struck out two counts of the declaration and left the…

1Opinion of the CourtKnowlton, C. J.

The plaintiffs, having a substantial claim against the defendant Wallace upon certain promissory notes, brought this suit against him in the Superior Court, and attached generally his interest in any real estate in the county *42of Suffolk, and especially a certain parcel of land with buildings upon it on Westland Avenue in Boston, which stands in the name of the defendant Watson. The original writ ran against Wallace alone. As Wallace was not an inhabitant of the Commonwealth and had no last and usual place of abode, tenant or agent therein, no service was made on him. Upon the plaintiffs’…

2Cases cited2 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Eliot v. McCormickMassachusetts Supreme Judicial Court · 1887

3Cited by14 opinions

  1. Cheshire National Bank v. JaynesMassachusetts Supreme Judicial Court · 1916
  2. Buckley v. JohnMassachusetts Supreme Judicial Court · 1943
  3. Reynolds v. Missouri, Kansas & Texas Railway Co.Massachusetts Supreme Judicial Court · 1917
  4. Hull v. AdamsMassachusetts Supreme Judicial Court · 1934
  5. Finance Corp. v. ParkerMassachusetts Supreme Judicial Court · 1925

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