Reid v. Holmes
Massachusetts Supreme Judicial Court
Contract against the administratrix of David W. Holmes for goods sold and delivered to the intestate. Writ dated September 12, 1876. Answer: 1. A general denial. 2. A former judgment for the same cause in an action brought by the plaintiff against the intestate. The case was submitted to the decision of the Superior Court, and, after judgment for the plaintiff, to this court on appeal, upon the following facts: The debt sued on was due to the plaintiff from the intestate.
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Contract against the administratrix of David W. Holmes for goods sold and delivered to the intestate. Writ dated September 12, 1876. Answer: 1. A general denial. 2. A former judgment for the same cause in an action brought by the plaintiff against the intestate. The case was submitted to the decision of the Superior Court, and, after judgment for the plaintiff, to this court on appeal, upon the following facts: The debt sued on was due to the plaintiff from the intestate. On April 3, 1874, a writ for the same cause of action was sued out by the plaintiff against the intestate from the…
1Opinion of the CourtGray, C. J.
There is nothing in the record of the former judgment to show that it is invalid. The memorandum of the plaintiff’s attorney on the execution was made after the judgment, is no part of the record, and is inadmissible in the plaintiff’s favor to impeach a judgment valid upon its face.
If the fact, agreed in the case stated, of the death of the de*328fendant after the default and before the judgment, is competent to be considered, it does not show that the judgment is absolutely void. The court, at the time of the bringing of the former action, had jurisdiction of the subject-matter and of the…
2Cases cited8 opinions
- Penhallow v. Doane's AdministratorsSupreme Court of the United States · 1795
- Hendrick v. WhittemoreMassachusetts Supreme Judicial Court · 1870
- Kelley v. RileyMassachusetts Supreme Judicial Court · 1871
- Warder v. TainterSupreme Court of Pennsylvania · 1835
- Tapley v. MartinMassachusetts Supreme Judicial Court · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Perkins v. PerkinsMassachusetts Supreme Judicial Court · 1917
- Claflin v. DunneIllinois Supreme Court · 1889
- Danforth v. DanforthIllinois Supreme Court · 1884
- Sullivan v. JordanMassachusetts Supreme Judicial Court · 1941
- Gray v. ChaseMassachusetts Supreme Judicial Court · 1903
19 more not listed; retrieve them via the Exa API.