Trustees of Amherst College v. Allen
Massachusetts Supreme Judicial Court
Bill in equity, filed June 25, 1895, to enjoin the defendant from enforcing a judgment and execution against the plaintiff.
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Bill in equity, filed June 25, 1895, to enjoin the defendant from enforcing a judgment and execution against the plaintiff. The bill alleged that before April, 1894, the defendant made a claim upon the plaintiff for alleged services rendered, which claim the plaintiff refused to pay; that the defendant brought an action against the plaintiff in the Superior Court in April, 1894; that service of the writ was made upon the plaintiff’s treasurer, who gave the copy to the plaintiff’s attorney; that said attorney by oversight failed to enter an appearance, and did not become aware of such…
1Opinion of the CourtField, C. J.
The judgment rendered in the action in the Superior Court was not “rendered in the absence of the” present complainant, within the meaning of Pub. Sts. c. 187, § 22. James v. Townsend, 104 Mass. 367. Matthewson v. Moulton, 135 Mass. 122. Smith v. Brown, 136 Mass. 416. Manning v. Nettleton, 140 Mass. 421. Riley v. Hale, 146 Mass. 465.
It is said that writs of review are unknown to the common law, and have been adopted in civil proceedings at law in this Commonwealth by statute from the practice in equity. Burrell v. Burrell, 10 Mass. 221. Gray’s argument in Bowditch Ins. Co. v. Winslow, 3 Gray,…
2Cases cited9 opinions
- Crim v. HandleySupreme Court of the United States · 1877
- Sylvester v. HubleyMassachusetts Supreme Judicial Court · 1892
- Currier v. EstyMassachusetts Supreme Judicial Court · 1872
- James v. TownsendMassachusetts Supreme Judicial Court · 1870
- Burrell v. BurrellMassachusetts Supreme Judicial Court · 1813
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- Frechette v. ThibodeauMassachusetts Supreme Judicial Court · 1936
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