Terry v. Sisson
Massachusetts Supreme Judicial Court
Trustee process. The writ was dated November 29, 1876, and, as originally sued out, returnable to the Second District Court of Bristol on the second Monday of December, 1876, was against Sarah Sisson as defendant, and the Fall River Savings Bank as trustee.
Read the full summary
Trustee process. The writ was dated November 29, 1876, and, as originally sued out, returnable to the Second District Court of Bristol on the second Monday of December, 1876, was against Sarah Sisson as defendant, and the Fall River Savings Bank as trustee. The officer’s return showed that service thereof was made on the trustee on December 1, and on the defendant on December 5,1876. On January 19, 1877, upon the affidavit of the officer that the service last mentioned was made on Sarah F. Sisson, the District Court allowed the plaintiff to amend his writ, by making the defendant’s name Sarah…
1Opinion of the CourtGray, C. J.
It is well settled in this Commonwealth that the middle name or initial is an essential part of the name. Sarah Sisson and Sarah F. Sisson are therefore different names. Commonwealth v. Hall, 3 Pick. 262. Commonwealth v. Shearman, 11 Cush. 546. Commonwealth v. McAvoy, 16 Gray, 235. The misnomer could not indeed be taken advantage of by the principal defendant, who had been duly served and had suffered a default; and it might, as between her and the plaintiff, be amended, at the discretion of the court. Trull v. Howland, 10 Cush. 109. Crafts v. Sikes, 4 Gray, 194. Langmaid v. Puffer, 7 Gray,…
2Cases cited2 opinions
- West v. PlattMassachusetts Supreme Judicial Court · 1874
- Vermilyea v. RobertsMassachusetts Supreme Judicial Court · 1869
3Cited by18 opinions
- Norris v. AndersonMassachusetts Supreme Judicial Court · 1902
- Davis v. SteepsWisconsin Supreme Court · 1894
- Putnam v. BessomMassachusetts Supreme Judicial Court · 1935
- Jordan Marsh Co. v. HaleMassachusetts Supreme Judicial Court · 1914
- Cain v. RockwellMassachusetts Supreme Judicial Court · 1882
13 more not listed; retrieve them via the Exa API.