Dearborn v. Mathes
Massachusetts Supreme Judicial Court
Petition, filed June 12, 1877, to the Superior Court for a writ of review of a judgment recovered in that court by the defendant in review against the plaintiff in review.
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Petition, filed June 12, 1877, to the Superior Court for a writ of review of a judgment recovered in that court by the defendant in review against the plaintiff in review. Trial in the Superior Court, before Golburn, J., who allowed a bill of exceptions in substance as follows: The original action, which was an action of contract to recover a sum alleged to be due from the defendant to the plaintiff’s intestate, was commenced on May 18, 1876, and was duly entered at June term 1876. The defendant by his counsel duly appeared and answered. It was tried by the court without a jury, and a verdict…
1Opinion of the CourtGray, C. J.
The objection that the original action could not be maintained, for want of the issue of letters of administration to the plaintiff in this Commonwealth before it was brought, could not be availed of without being pleaded, and affected only the capacity of the plaintiff to sue, and not the jurisdiction of the court. Langdon v. Potter, 11 Mass. 313. Wooldridge v. Bishop, 7 B. & C. 406.
*196As the objection might have been, and was not, taken before verdict, it could be made a ground for a new trial only at the discretion of the presiding judge, and not as a matter of right; and a ruling thereon, at…
2Cases cited6 opinions
- Woodward v. LeavittMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. TobinMassachusetts Supreme Judicial Court · 1878
- Langdon v. PotterMassachusetts Supreme Judicial Court · 1814
- Hatch v. ProctorMassachusetts Supreme Judicial Court · 1869
- City of Boston v. RobbinsMassachusetts Supreme Judicial Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Peterson v. HopsonMassachusetts Supreme Judicial Court · 1940
- Wikoff v. HirschelNew York Court of Appeals · 1932
- Saporita v. LitnerMassachusetts Supreme Judicial Court · 1976
- Security-First Nat. Bank v. KingWyoming Supreme Court · 1933
- Boudreau v. New England Transportation Co.Massachusetts Supreme Judicial Court · 1944
13 more not listed; retrieve them via the Exa API.