Safford v. Knight
Massachusetts Supreme Judicial Court
Petition to the Superior Court for a writ of review of a judgment rendered at July term 1872 of that court, on default of the petitioners upon a writ of scire facias against them as bail of John M. Williams.
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Petition to the Superior Court for a writ of review of a judgment rendered at July term 1872 of that court, on default of the petitioners upon a writ of scire facias against them as bail of John M. Williams. Hearing before Wilkinson, J., who allowed the following bill of exceptions: “ The petitioners alleged in their petition, and proved, that immediately after the service of the writ of scire facias upon them, they employed Robert M. Morse, Jr., a counsellor at law, to de~ ' fend said action in their behalf, and he undertook so to do, and they had no knowledge that he had not done so, until…
1Opinion of the Court
By the Court.
This case is governed by that of Thayer v. Goddard, 19 Pick. 60. The General Statutes upon the subject of reviews, though expressed in a more condensed form than the Revised Statutes, do not appear, and cannot fairly be construed, to have been intended as limiting the power of the courts to reverse the former judgment, in whole or in part, or to render such other judgment as may be required to do full justice to each party. Gen. Sts. c. 126, § 8; c. 146, §§ 19, 32. Fuller v. Storer, 111 Mass. 281. Exceptions overruled.
The writ of review was then issued, returnable at October term…
2Cases cited3 opinions
- Commonwealth v. Inhabitants of GloucesterMassachusetts Supreme Judicial Court · 1872
- Fuller v. StorerMassachusetts Supreme Judicial Court · 1873
- Swett v. SullivanMassachusetts Supreme Judicial Court · 1811
3Cited by12 opinions
- Brooks v. ShawMassachusetts Supreme Judicial Court · 1908
- Weil v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Lynn Gas & Electric Co. v. Creditors National Clearing HouseMassachusetts Supreme Judicial Court · 1920
- West v. PlattMassachusetts Supreme Judicial Court · 1878
- Lowd v. BrighamMassachusetts Supreme Judicial Court · 1891
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