American Wood Working Machinery Co. v. Furbush
Massachusetts Supreme Judicial Court
Contract upon a promissory note. Writ in the Municipal Court of the City of Boston dated May 18, 1905. On appeal to the Superior Court the defendant was defaulted, and, after the proceedings and motions which are stated in the opinion, G-asleill, J. refused to make certain rulings and ordered that the case be continued as there stated. The plaintiff alleged exceptions.
1Opinion of the CourtKnowlton, C. J.
On October 12, 1905, the defendant was defaulted, and the next day all papers necessary to make up the judgment were filed in the case. On November 2 the defendant filed a motion for continuance on the ground of his bankruptcy; on Monday, November 6, at half past ten o’clock in the forenoon, this motion was granted by the court. On the same day, at what hour in the day the bill of exceptions does not show, a judgment for the plaintiff was entered by the clerk, under the standing order of the court. Subsequently the plaintiff’s counsel filed a motion to dismiss the motion for continuance which…
2Cases cited7 opinions
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- Dunbar v. BakerMassachusetts Supreme Judicial Court · 1870
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3Cited by13 opinions
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