Austin v. Lamar Fire Insurance
Massachusetts Supreme Judicial Court
Contract on a policy of insurance. The writ, dated January 7,1871, was that day issued from the superior court under its seal, returnable to the ensuing March term, and bore the signature of Asahel Huntington as clerk of the court, who had signed it at some time prior to September 1870, in which month he died.
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Contract on a policy of insurance. The writ, dated January 7,1871, was that day issued from the superior court under its seal, returnable to the ensuing March term, and bore the signature of Asahel Huntington as clerk of the court, who had signed it at some time prior to September 1870, in which month he died. Alfred A. Abbott was duly appointed and qualified as clerk of the court, in the place of Huntington, on September 27, 1870, and continued to hold the office on January 7, 1871. The defendants entered a special appearance at March term 1871, and at the same term the plaintiff moved for…
1Opinion of the CourtAmes, J.
It is required, both by the Constitution and statutes of this Commonwealth, that every original writ should be under the seal of the court from which it issues, should bear test of the first justice of the court in which it is returnable, and should be signed by the clerk of that court. This writ was issued without the signature of the clerk, and for that reason is liable to be abated or dismissed. The only question is whether it must necessarily be so disposed of, or whether, in the exercise of the discretion allowed by modern legislation in regard to the effect of errors in matters of form,…
2Cases cited1 opinion
- People ex rel. Strait v. Steuben C. P.New York Supreme Court · 1830
3Cited by13 opinions
- Commonwealth v. WilburMassachusetts Supreme Judicial Court · 1967
- Commonwealth v. PellegriniMassachusetts Supreme Judicial Court · 1989
- Gordon v. BodwellSupreme Court of Kansas · 1898
- Lyon v. BaldwinMichigan Supreme Court · 1916
- Texas Title Guaranty Co. v. MardisSupreme Court of Oklahoma · 1939
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