Heard v. Calkins
Massachusetts Supreme Judicial Court
Two actions op contract, originally brought in the name of Arthur M. Heard upon judgments entered in the Municipal Court of the City of Boston, the first being against Frederick W. Calkins upon a judgment dated July 22, 1898, and the second being against Edward T. Turner upon a judgment dated July 29, 1898. Writs in the Municipal Court of the City of Boston dated respectively July 1, 19Í8, and July 26, 1918. In the Municipal Court the actions were heard together.
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Two actions op contract, originally brought in the name of Arthur M. Heard upon judgments entered in the Municipal Court of the City of Boston, the first being against Frederick W. Calkins upon a judgment dated July 22, 1898, and the second being against Edward T. Turner upon a judgment dated July 29, 1898. Writs in the Municipal Court of the City of Boston dated respectively July 1, 19Í8, and July 26, 1918. In the Municipal Court the actions were heard together. " The uncontradicted facts were as follows: The defendant Calkins was the maker of a promissory note, payable to the order of…
1Opinion of the CourtBraley, J.
It is settled that until extended in books of record docket entries are admissible to prove the recovery of a domestic judgment which cannot be attacked collaterally, but is reversible only on writ of error. McGrath v. Seagrave, 2 Allen, 443. Central Bridge Corp. v. Lowell, 15 Gray, 106. Joyce v. Thompson, 229 Mass. 106. The judgment obtained against each defendant consequently must be held as valid and conclusive.
It is next urged that the paroi assignments of the judgment creditor to his counsel in payment for professional services and in whose interest the actions are brought and prosecuted…
2Cases cited9 opinions
- Hall v. Henry Thayer & Co.Massachusetts Supreme Judicial Court · 1916
- Norton v. Piscataqua Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1873
- Joyce v. ThompsonMassachusetts Supreme Judicial Court · 1918
- Hewins v. BakerMassachusetts Supreme Judicial Court · 1894
- Jump v. LeonMassachusetts Supreme Judicial Court · 1906
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3Cited by12 opinions
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- Noyes v. Bankers Indemnity InsuranceMassachusetts Supreme Judicial Court · 1940
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