Joyce v. Thompson
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on October 2, 1916, to set aside a judgment for $680.87 rendered against the plaintiff on August 5, 1895, in an action on three promissory notes brought by the defendant as administrator of the estate of Anna R. Thompson, and to restrain thé defendant from maintaining an action on such judgment on the grounds stated in the opinion.
Read the full summary
Bill in equity, filed in the Superior Court on October 2, 1916, to set aside a judgment for $680.87 rendered against the plaintiff on August 5, 1895, in an action on three promissory notes brought by the defendant as administrator of the estate of Anna R. Thompson, and to restrain thé defendant from maintaining an action on such judgment on the grounds stated in the opinion. The defendant demurred to the bill and assigned as causes of demurrer the following: “1. The judgment rendered in favor of the present defendant against the present plaintiff on August 5, 1895, is a judgment of a domestic…
1Opinion of the CourtCrosby, J.
This is a bill in equity brought to restrain the defendant from maintaining an action on a judgment rendered in the Superior Court for the county of Essex more than twenty years ago. The bill alleges that no personal service of the writ in the original action ever was made upon this plaintiff, that he had no knowledge of the action and that judgment was obtained against him upon a default. The bill further alleges that the action was brought upon three promissory notes given by this plaintiff to the defendant’s intestate; that all of the notes were executed on Sunday, that one of the notes…
2Cases cited10 opinions
- Hendrick v. WhittemoreMassachusetts Supreme Judicial Court · 1870
- Sampson v. SampsonMassachusetts Supreme Judicial Court · 1916
- Zeitlin v. ZeitlinMassachusetts Supreme Judicial Court · 1909
- Brooks v. TwitchellMassachusetts Supreme Judicial Court · 1903
- Bishop v. DonnellMassachusetts Supreme Judicial Court · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- City of Boston v. SantosuossoMassachusetts Supreme Judicial Court · 1940
- Farquhar v. New England Trust Co.Massachusetts Supreme Judicial Court · 1927
- Savage v. WelchMassachusetts Supreme Judicial Court · 1923
- Hyde Park Savings Bank v. DavankoskasMassachusetts Supreme Judicial Court · 1937
- Sullivan v. JordanMassachusetts Supreme Judicial Court · 1941
13 more not listed; retrieve them via the Exa API.