Crosby v. Harrison
Massachusetts Supreme Judicial Court
Contract against residents of another state, commenced by trustee process in which Christopher Haskell was summoned as trustee. The writ was returnable at August term 1870 of the Superior Court. The return of the officer stated that he had attached certain goods as the property of the defendants, and that he had made no further service upon them, as they were not within his precinct and had not any last and usual place of abode within the Commonwealth.
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Contract against residents of another state, commenced by trustee process in which Christopher Haskell was summoned as trustee. The writ was returnable at August term 1870 of the Superior Court. The return of the officer stated that he had attached certain goods as the property of the defendants, and that he had made no further service upon them, as they were not within his precinct and had not any last and usual place of abode within the Commonwealth. At December term, 1871, the defendants appeared specially and offered to prove the facts set forth in the following paper filed in the case,…
1Opinion of the CourtGray, C. J.
The motion of the defendants cannot be sustained as a motion to dismiss, because it is not founded on matter of law apparent on the record. It is not entitled, and was not treated by either party in the court below, as a plea or answer in abatement, as is conclusively shown by the defendants’ offer of evidence having been made to the court, whereas any extrinsic fact pleaded in abatement would be triable by a jury. If the court had authority to entertain the suggestion of a fraudulent abuse of process upon a summary motion, without putting the defendants to plead and try it in regular form,…
2Cases cited1 opinion
- Davis v. MarstonMassachusetts Supreme Judicial Court · 1809
3Cited by10 opinions
- Paraboschi v. ShawMassachusetts Supreme Judicial Court · 1927
- Chandler v. DunlopMassachusetts Supreme Judicial Court · 1942
- Commonwealth v. FredericksMassachusetts Supreme Judicial Court · 1875
- Brotkin v. FeinbergMassachusetts Supreme Judicial Court · 1928
- Finance Corp. v. ParkerMassachusetts Supreme Judicial Court · 1925
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