Lord v. Rowse
Massachusetts Supreme Judicial Court
Petition to establish exceptions, subscribed and sworn to on January 20, 1906, by Arthur E. Rowse, one of the defendants in an action of replevin brought by Frank N. Lord against the petitioner and James E. Blacker, afterwards deceased, for one hundred and twenty articles of property alleged to belong to the plaintiff, as further described in the opinion.
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Petition to establish exceptions, subscribed and sworn to on January 20, 1906, by Arthur E. Rowse, one of the defendants in an action of replevin brought by Frank N. Lord against the petitioner and James E. Blacker, afterwards deceased, for one hundred and twenty articles of property alleged to belong to the plaintiff, as further described in the opinion. The jury returned a verdict for the plaintiff against the defendant Rowse for forty-three of the disputed articles and assessed damages in the sum of $1. They returned a verdict for the executors of the will of the defendant Blacker, who had…
1Opinion of the CourtHammond, J.
1. The first question is whether the exceptions are established. It is argued by Lord, the plaintiff in the action and the respondent in the proceeding to establish the exceptions, that the petition is not “ verified by affidavit ” as required by the sixth rule of practice before the full court. But this position is untenable. The words in the jurat “ Subscribed and sworn to . . . before me ” * legally import that the petitioner signed the petition and made oath that the statements therein contained were true, all before the magistrate as such. This is a verification by affidavit within the…
2Cases cited4 opinions
- Hadley v. WatsonMassachusetts Supreme Judicial Court · 1886
- Morris v. FrenchMassachusetts Supreme Judicial Court · 1871
- Brooks v. PrescottMassachusetts Supreme Judicial Court · 1874
- Taft v. StetsonMassachusetts Supreme Judicial Court · 1875
3Cited by9 opinions
- Walker v. RussellMassachusetts Supreme Judicial Court · 1922
- Ridenour v. H. C. Dexter Chair Co.Massachusetts Supreme Judicial Court · 1911
- Goodyear Park Co. v. City of HolyokeMassachusetts Supreme Judicial Court · 1937
- Noyes v. GagnonMassachusetts Supreme Judicial Court · 1917
- Abbott v. WalkerMassachusetts Supreme Judicial Court · 1910
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