Dooley v. Beane
Massachusetts Supreme Judicial Court
Scire facias, against an attorney at law, on an execution for costs issued in favor of the plaintiffs as the defendants in an action at law in which one Charles W. Morris was the plaintiff and in which the defendant in scire facias was alleged to be the indorser of the writ. Writ of scire facias dated May 4, 1911. In the Superior Court the case was submitted to Pratt, J., upon an agreed statement of facts, presenting the facts which are stated in the opinion.
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Scire facias, against an attorney at law, on an execution for costs issued in favor of the plaintiffs as the defendants in an action at law in which one Charles W. Morris was the plaintiff and in which the defendant in scire facias was alleged to be the indorser of the writ. Writ of scire facias dated May 4, 1911. In the Superior Court the case was submitted to Pratt, J., upon an agreed statement of facts, presenting the facts which are stated in the opinion. The judge ordered judgment for the plaintiffs in the sum of $68.46; and from the judgment so ordered the defendant appealed.
1Opinion of the CourtRugg, C. J.
This is a scire facias brought against the defendant to recover from him costs on the ground that he was indorser of the writ for costs. The agreed facts are that the defendant, who is an attorney at law, brought an action, in which Davis B. Keniston, Jr., then and continuously since a resident of Boston, was the plaintiff, and in which the present plaintiffs were the defendants. This action was entered in the Municipal Court of the City of Boston in 1908, and upon the back of the writ was written, “from the office of Arthur E. Beane.” In February, 1909, upon motion, Charles W. Morris, a…
2Cases cited2 opinions
- Johnson v. SpragueMassachusetts Supreme Judicial Court · 1903
- Shute v. BillsMassachusetts Supreme Judicial Court · 1908