Blanchard v. Ferdinand
Massachusetts Supreme Judicial Court
Contract on a poor debtor’s recognizance. The bill of exceptions and a copy of the pleadings and docket entries showed the following facts: At January term 1880 of the Superior Court, judgment was entered for the plaintiff on the defendant’s default, and the defendant alleged exceptions, which were allowed. At July term 1880, the exceptions were waived, and the parties to the case signed an agreement that the case should be entered “neither party.”
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Contract on a poor debtor’s recognizance. The bill of exceptions and a copy of the pleadings and docket entries showed the following facts: At January term 1880 of the Superior Court, judgment was entered for the plaintiff on the defendant’s default, and the defendant alleged exceptions, which were allowed. At July term 1880, the exceptions were waived, and the parties to the case signed an agreement that the case should be entered “neither party.” This agreement was filed in court and entered of record, but “ without any order of court.” At January term 1881, namely, on February 23, the…
1Opinion of the CourtLord, J.
The question before us is whether the Superior Court had the power to order the entry of “ neither party ” to be stricken from the record, and the action brought forward. How the parties were before the court on February 23, 1881, does not appear. Whether the defendant appeared voluntarily, or upon mere notice by the adverse party, or whether a petition had been presented to the court that he be summoned into court to meet such motion, does not appear; and we are therefore bound to assume that he was properly in court, and upon due proceedings and process, if in any mode he could be called…
2Cited by12 opinions
- Nugent v. Boston Consolidated Gas Co.Massachusetts Supreme Judicial Court · 1921
- Davis v. National Live InsuranceMassachusetts Supreme Judicial Court · 1905
- Amory v. Assessors of BostonMassachusetts Supreme Judicial Court · 1941
- Mortland v. Bernard Little & TrusteeMassachusetts Supreme Judicial Court · 1884
- Pierce v. LamperMassachusetts Supreme Judicial Court · 1886
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