Conto v. Silvia
Massachusetts Supreme Judicial Court
Writ of error, to reverse a judgment of the Second District Court of Bristol, rendered in an action of replevin by the defendant in error against the plaintiff in error.
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Writ of error, to reverse a judgment of the Second District Court of Bristol, rendered in an action of replevin by the defendant in error against the plaintiff in error. The errors assigned were that, at the time of the rendering of the judgment the plaintiff in error was a minor; that, at the time of the commencing of the action in which the judgment was rendered, he did not have and never had had any probate guardian ; and that no guardian ad litem was appointed to defend him in the action ; and a copy of the record of the action was annexed. Plea, in nullo est erratum. To this plea the…
1Opinion of the CourtField, C. J.
There is no doubt that the judgment should be reversed. Johnson v. Waterhouse, 152 Mass. 585.
Some doubt is expressed in the report whether the case on the pleading was within the jurisdiction of this court when held by a single justice. Tufts v. Newton, 119 Mass. 476, was tried by a single justice, who ordered the judgment of the Superior Court to be affirmed, and then reported the case to this court. The error assigned in Tufts v. Newton was that the judge of the Superior Court erred in disallowing the exceptions taken by the plaintiff in error at the trial of the original action in that…
2Cases cited10 opinions
- Pearsall v. DwightMassachusetts Supreme Judicial Court · 1806
- Keay v. GoodwinMassachusetts Supreme Judicial Court · 1819
- Johnson v. WaterhouseMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. McCreadyCourt of Appeals of Kentucky · 1859
- Bragg v. DanielsonMassachusetts Supreme Judicial Court · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Murphy v. CommonwealthMassachusetts Supreme Judicial Court · 1899
- Dolan v. CommonwealthMassachusetts Supreme Judicial Court · 1939
- Perkins v. BangsMassachusetts Supreme Judicial Court · 1910
- Garabedian v. CommonwealthMassachusetts Supreme Judicial Court · 1957
- Jones v. CommonwealthMassachusetts Supreme Judicial Court · 1954
5 more not listed; retrieve them via the Exa API.