Smith v. Miller
Massachusetts Supreme Judicial Court
Contract against three defendants upon a judgment obtained against them in a previous action. Writ dated June 10, 1916. In the Superior Court the case was tried before Hamilton, J., without a jury. The material facts and the course of proceedings in regard to the defendant Fishbein, who gave a bond with sureties to dissolve an attachment and afterwards was adjudicated a bankrupt, are stated in the opinion.
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Contract against three defendants upon a judgment obtained against them in a previous action. Writ dated June 10, 1916. In the Superior Court the case was tried before Hamilton, J., without a jury. The material facts and the course of proceedings in regard to the defendant Fishbein, who gave a bond with sureties to dissolve an attachment and afterwards was adjudicated a bankrupt, are stated in the opinion. The judge denied the motion of that defendant for a continuance as there stated. He found for the plaintiff against all the defendants in the sum of $154.43, and ordered a stay of execution…
1Opinion of the CourtCrosby, J.
This is an action upon a judgment; the writ is dated June 10, 1916. The defendant Fishbein gave a bond with sureties to dissolve an attachment made upon the writ and after-wards, on August 24, 1916, was adjudicated bankrupt.
The case was heard upon the merits by a judge of the Superior Court, sitting without a jury. At that hearing Fishbein filed a suggestion of bankruptcy, together with a duly certified copy of the adjudication, and also.presented a motion for a continuance of the action, so far as it related to him, to await further proceedings in the bankruptcy court. After a hearing, this…
2Cases cited4 opinions
- Rosenthal v. NoveMassachusetts Supreme Judicial Court · 1900
- Rogers v. AbbotMassachusetts Supreme Judicial Court · 1910
- Feigenspan v. McDonnellMassachusetts Supreme Judicial Court · 1909
- Parker v. MurphyMassachusetts Supreme Judicial Court · 1913
3Cited by10 opinions
- Connell v. WalkerSupreme Court of the United States · 1934
- Allard v. EstesMassachusetts Supreme Judicial Court · 1935
- Berry Clothing Co. v. ShopnickMassachusetts Supreme Judicial Court · 1924
- MANUFACTURERS'FINANCE CORPORATION v. Vye-Neill Co.Court of Appeals for the First Circuit · 1933
- Irving Levitt Co. v. Sudbury Management Associates, Inc.Massachusetts Appeals Court · 1984
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