Legal Opinion

Hutchinson v. Tucker

Massachusetts Supreme Judicial Court

Decided March 22, 1878PublishedCited by 23 opinions

Contract on an account annexed. The writ, dated March 23, 1875, and returnable to the Superior Court, was against the defendant personally. On February 27, 1877, Gardner, J., allowed the plaintiff to amend the writ so as to charge the defendant as administrator of John C. Tucker, the defendant objecting to the amendment on the ground that he, as administrator, had rendered his final account and fully administered on the estate. The defendant alleged exceptions.

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Contract on an account annexed. The writ, dated March 23, 1875, and returnable to the Superior Court, was against the defendant personally. On February 27, 1877, Gardner, J., allowed the plaintiff to amend the writ so as to charge the defendant as administrator of John C. Tucker, the defendant objecting to the amendment on the ground that he, as administrator, had rendered his final account and fully administered on the estate. The defendant alleged exceptions. The case was afterwards tried before Bacon, J. The defendant put in evidence that his first and final account was allowed by the…

1Opinion of the Court

By the Court.

The allowance of the amendment was within the discretion of the Superior Court, to the exercise of which no exception lies. Gen. Sts. c. 129, §§ 41, 82. Lester v. Lester, 8 Gray, 437. Exceptions overruled.

2Cited by23 opinions

  1. Boyd v. United States Mortgage & Trust Co.New York Court of Appeals · 1907
  2. Eaton v. WalkerMassachusetts Supreme Judicial Court · 1923
  3. Gallagher v. WheelerMassachusetts Supreme Judicial Court · 1935
  4. Genga v. Director General of RailroadsMassachusetts Supreme Judicial Court · 1922
  5. McLaughlin v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1904

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