Willey v. Durgin
Massachusetts Supreme Judicial Court
Contract on two promissory notes. The action was entered at July term 1866 of the Superior Court. The defendant filed an answer and a declaration in set-off. At October term 1866, the parties agreed to refer the action by a written agreement filed in the case, and a rule was taken out in common form, and delivered to the referee.
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Contract on two promissory notes. The action was entered at July term 1866 of the Superior Court. The defendant filed an answer and a declaration in set-off. At October term 1866, the parties agreed to refer the action by a written agreement filed in the case, and a rule was taken out in common form, and delivered to the referee. The action was then continued from term to term to April term 1878, neither party putting the case upon the trial list, or making any motion therein whatever. During April term 1873, the court ordered the following notice, signed by the clerk, to be published: “ The…
1Opinion of the CourtGray, C. J.
It is within the discretion of every court, as incident to the arrangement and regulation of its business, at such times as it may appoint, to call the docket of actions which have been entered and have not reached final judgment; and to default any party who fails to appear when called, even if an appearance has been previously entered in his behalf. Jarvis v, Blanchard, 6 Mass. 4. Randolph v. Barrett, 16 Pet. 138.
*70When the action is not on the trial list, it is not usual or just to do this, without reasonable notice of the time when the docket is to be called. But in the present case it…
2Cases cited4 opinions
- Haskell v. WhitneyMassachusetts Supreme Judicial Court · 1815
- Jarvis v. BlanchardMassachusetts Supreme Judicial Court · 1809
- John H. Randolph, of Algernon S. Randolph, Deceased, in Error v. Israel Barrett, of Joel F. Randolph, Deceased, in ErrorSupreme Court of the United States · 1842
- Rogers v. LaddMassachusetts Supreme Judicial Court · 1875
3Cited by7 opinions
- Dalton-Ingersoll Co. v. FiskeMassachusetts Supreme Judicial Court · 1899
- Hutchinson v. Manchester Street RailwaySupreme Court of New Hampshire · 1905
- St. Louis S. F. R. Co. v. ZumwaltSupreme Court of Oklahoma · 1912
- Brown v. Fletcher's EstateMichigan Supreme Court · 1906
- Weil v. MulvaneyIllinois Supreme Court · 1914
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