Legal Opinion

Packer v. Whittier

U.S. Circuit Court for the District of Massachusetts

Decided May 27, 1897PublishedCited by 1 opinion

This case was heard upon the following agreed statement of facts: •‘By writ dated June 28, 1878, the partnership of Packer, Healy & Co. commenced a suit in the superior court of the commonwealth of Massachusetts, for the county of Suffolk, against the city of Chelsea and Albert R. Whittier; and on the 29th day of December, 1875, judgment was entered by said superior court in favor of-said Packer, Healy & Co. against said Albert R. Whittier, for the .sum of $2,729.95, damage,…

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This case was heard upon the following agreed statement of facts: •‘By writ dated June 28, 1878, the partnership of Packer, Healy & Co. commenced a suit in the superior court of the commonwealth of Massachusetts, for the county of Suffolk, against the city of Chelsea and Albert R. Whittier; and on the 29th day of December, 1875, judgment was entered by said superior court in favor of-said Packer, Healy & Co. against said Albert R. Whittier, for the .sum of $2,729.95, damage, and $208.41, costs of suit. Said court had jurisdiction both of the parties and the subject-matter, and said judgment…

1Opinion of the Court

COLT, Circuit Judge.

Upon the foregoing agreed statement of facts, the opinion and ruling of the court are as follows:

1. As to the effect of the judgment upon which this suit is brought in merging the original cause of action, this court will .follow the law of Massachusetts, where the judgment was rendered. Christmas v. Russell, 5 Wall. 290; Amory v. Amory, 3 Biss. 266, Fed. Cas. No. 334; Green v. Sarmiento, 3 Wash. C. C. 17, Fed. Cas. No. 5,760; Rogers v. Odell, 39 N. H. 452; Chew v. Brumagim, 21 N. J. Eq. 520; Suydam v. Barber, 18 N. Y. 468; Freem. Judgm. (3d Ed.) § 575.

2. In Massachusetts…

2Cases cited5 opinions

  1. Christmas v. RussellSupreme Court of the United States · 1866
  2. Suydam v. . BarberNew York Court of Appeals · 1858
  3. Green v. SarmientoU.S. Circuit Court for the District of Pennsylvania · 1810
  4. Light v. MerriamMassachusetts Supreme Judicial Court · 1882
  5. Amory v. AmoryU.S. Circuit Court for the District of Eastern Wisconsin · 1872

3Cited by1 opinion

  1. Packer v. WhittierCourt of Appeals for the First Circuit · 1899

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