Moulton v. Bowker
Massachusetts Supreme Judicial Court
Writ oe entry, dated December 17, 1872, to recover the undivided half of certain premises situated in East Boston. Plea the general issue, which was joined.
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Writ oe entry, dated December 17, 1872, to recover the undivided half of certain premises situated in East Boston. Plea the general issue, which was joined. At the trial in the Superior Court, before Lord, J., the jury were directed to find a verdict for the tenant, and the following facts were reported for the determination of this court: “ On September 5, 1870, the demandants commenced an action in the Superior Court against William D. A. Whitman, in which action all the real estate of Whitman in Suffolk County was attached on mesne process on the day aforesaid. Judgment was recovered in…
1Opinion of the CourtGray, C. J.
An attorney at law has authority, by virtue of his employment as such, to do in behalf of his client all acts, in or out of court, necessary or incidental to the prosecution and management of the suit, and which affect the remedy only, and not the cause of action ; and we can have no doubt that this in eludes the power to release an attachment, at least before judgment, which is all that this case requires us to consider. Lewis v. Sumner, 13 Met. 269. Shores v. Caswell, Ib. 413. Wieland v. White, 109 Mass. 392. Jenney v. Delesdernier, 20 Maine, 183. Rice v. Wilkins, 21 Maine, 558. Pierce v.…
2Cases cited2 opinions
- Wieland v. WhiteMassachusetts Supreme Judicial Court · 1872
- Pierce v. StricklandU.S. Circuit Court for the District of Maine · 1842
3Cited by38 opinions
- Brown v. Town of WinthropMassachusetts Supreme Judicial Court · 1931
- Savage v. BlanchardMassachusetts Supreme Judicial Court · 1889
- Brammall v. LaroseSupreme Court of Vermont · 1933
- Precious v. O'RourkeMassachusetts Supreme Judicial Court · 1930
- Brown v. HebbCourt of Appeals of Maryland · 1934
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