Golden v. Blaskopf
Massachusetts Supreme Judicial Court
Writ of review to reverse a judgment recovered by the defendant in review against the plaintiff in review. Trial in the Superior Court, without a jury, before Pitman, J., who allowed a bill of exceptions in substance as follows: The original action was begun by an attachment of the defendant’s property on March 13, 1876. The defendant gave a bond to dissolve the attachment, and the writ was returned and entered.
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Writ of review to reverse a judgment recovered by the defendant in review against the plaintiff in review. Trial in the Superior Court, without a jury, before Pitman, J., who allowed a bill of exceptions in substance as follows: The original action was begun by an attachment of the defendant’s property on March 13, 1876. The defendant gave a bond to dissolve the attachment, and the writ was returned and entered. After the defendant had filed his answer, denying generally his liability, and at the time when the case was about to be reached for trial, the attorneys for the parties made an…
1Opinion of the CourtGray, C. J.
The objections taken would have been more properly presented at the hearing of the petition for a review, but, assuming them to be now open, they cannot avail.
The judge before whom the case was tried without a jury has found as matter of fact that the suggestion of bankruptcy was filed before the rendering of the original judgment. If that suggestion had been brought to the notice of the court before the actual entry of judgment, the case must have been continued to await the result of the proceedings in bankruptcy, and the suggestion could not have been defeated by an entry of judgment nunc…
2Cases cited7 opinions
- Ray v. WightMassachusetts Supreme Judicial Court · 1876
- Brainard v. BushnellSupreme Court of Connecticut · 1835
- Cate v. LittleTennessee Supreme Court · 1850
- Page v. ColeMassachusetts Supreme Judicial Court · 1877
- Todd v. BartonMassachusetts Supreme Judicial Court · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Dimock v. Revere Copper Co.Supreme Court of the United States · 1886
- Hammond v. ThompsonMassachusetts Supreme Judicial Court · 1897
- Tuttle v. ScottCalifornia Supreme Court · 1898
- Burt v. HodsdonMassachusetts Supreme Judicial Court · 1922
- Reining v. NevisonSupreme Court of Iowa · 1927
2 more not listed; retrieve them via the Exa API.