Wieland v. White
Massachusetts Supreme Judicial Court
Tort for the eviction of the plaintiff from a house in Cambridge, owned by the defendant. Trial in the superior court, before Dewey, J., who made the following report thereof : “ At the trial, it appeared that White employed Joseph G. Holt and John W. Hammond, attorneys at law under the firm of Holt & Hammond, to institute proceedings to eject Wieland; that notice to quit had been previously served on Wieland; and that they sued out a writ of ejectment in due form,…
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Tort for the eviction of the plaintiff from a house in Cambridge, owned by the defendant. Trial in the superior court, before Dewey, J., who made the following report thereof : “ At the trial, it appeared that White employed Joseph G. Holt and John W. Hammond, attorneys at law under the firm of Holt & Hammond, to institute proceedings to eject Wieland; that notice to quit had been previously served on Wieland; and that they sued out a writ of ejectment in due form, returnable to the police court of Cambridge on April 29, 1869 ; that, two or three days before the return day of the writ, the…
1Opinion of the CourtChapman, C. J.
The defendant contends that the agreement made between his attorneys and the plaintiff’s attorney was not binding on him. The agreement was made on good consideration, and was in legal form, being entered on the docket of his attorneys; and the terms were apparently favorable to him, for, if a defence had been set up, a postponement would probably have been had for at least as long a time as was agreed upon. The attorneys would have been authorized, on both sides, to agree upon postponement of a trial, in the absence of instructions to the contrary. Probably a litigation would have resulted…
2Cases cited3 opinions
- Union Bank of Georgetown v. GearySupreme Court of the United States · 1831
- Silvis v. ElySupreme Court of Pennsylvania · 1842
- Langdon v. PotterMassachusetts Supreme Judicial Court · 1816
3Cited by10 opinions
- Union Mutual Life Insurance v. BuchananIndiana Supreme Court · 1885
- Moulton v. BowkerMassachusetts Supreme Judicial Court · 1874
- Savage v. BlanchardMassachusetts Supreme Judicial Court · 1889
- New York, New Haven, & Hartford Railroad v. MartinMassachusetts Supreme Judicial Court · 1893
- Barrett v. TowneMassachusetts Supreme Judicial Court · 1907
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