Gardner v. Butler
Massachusetts Supreme Judicial Court
Bill in equity, filed September 9, 1904, to restrain the defendants from selling on an execution issued in their favor against one Ernest Johnson certain real estate in Pittsfield to which the plaintiff claimed title.
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Bill in equity, filed September 9, 1904, to restrain the defendants from selling on an execution issued in their favor against one Ernest Johnson certain real estate in Pittsfield to which the plaintiff claimed title. At the trial in the Superior Court before Harris, J. the following facts appeared; The defendants brought an action of contract for liquidated damages against Ernest Johnson in the District Court of Central Berkshire and attached the real estate in question, then standing in Johnson’s name. The writ in that action was returnable on February 27, 1904, and was duly entered. The…
1Opinion of the CourtHammond, J.
The writ upon which the attachment was made was returnable on February 27, 1904, and on that day was duly entered. The defendant Johnson made no appearance, and on March 1, 1904, a default was entered.
At the trial of the present case the plaintiff contended that the original action went to judgment on March 4, 1904, that *99being the Friday next after the default. The record discloses no such judgment. On the contrary it shows that the default of March 1 was removed on April 11, in accordance with an agreement of the parties, and the defendant Johnson appeared; that on June 29 the plaintiffs…
2Cases cited1 opinion
- Pierce v. LamperMassachusetts Supreme Judicial Court · 1886
3Cited by5 opinions
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