Legal Opinion

Byrnes v. Piper

Massachusetts Supreme Judicial Court

Decided September 15, 1809PublishedCited by 1 opinion

The respondents had within three years recovered judgment against the petitioner in a suit, wherein his goods, effects and credits had been attached in the hands of his trustees. The petitioner, in support of the prayer of his petition, alleges that he had no notice of the suit, and that during the whole time it was pending, he was absent and without the state.

1Opinion of the Court

The Court refused to grant him leave to review on his [ * 364 ] petition; because, by the eighth section of the statute * of 1794, c. 65., he was entitled to his review as of right, if the allegation in his petition was true. If it was not true, the ground of his petition failed. He might sue his writ of review, and if the respondents should deny his right to it, they might plead in abatement, and on an issue to the country, the jury would settle the facts *283And it was thereupon ordered that the petitioner take nothing by his petition.

Dewey, for the petitioner. Ives and Hulbert, for the…

2Cited by1 opinion

  1. Mixer v. DalrympleMassachusetts Supreme Judicial Court · 1806

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