Dalton v. West End Street Railway Co.
Massachusetts Supreme Judicial Court
Petition to vacate a judgment entered in the Superior Court by agreement of the counsel of the respective parties, in an action brought by the petitioner against the respondent. Hearing before Hammond, J., who allowed a bill of exceptions, in substance as follows. The original action was an action of tort for personal- injuries, in which the ad damnum was placed at $3,000, wherein the present petitioner was the plaintiff and the present respondent was the defendant.
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Petition to vacate a judgment entered in the Superior Court by agreement of the counsel of the respective parties, in an action brought by the petitioner against the respondent. Hearing before Hammond, J., who allowed a bill of exceptions, in substance as follows. The original action was an action of tort for personal- injuries, in which the ad damnum was placed at $3,000, wherein the present petitioner was the plaintiff and the present respondent was the defendant. The action was brought by Edward J. Jenkins, an attorney at law. The writ, dated March 7, 1892, issued out of the Superior…
1Opinion of the CourtField, C. J.
The only questions which have been argued relate to the authority of an attorney at law to make a compromise of a suit, to enter into an agreement for judgment, to file it in the cause, and to receive satisfaction of the judgment.
The exceptions recite in effect that the attorney for the peti*223tioner was not authorized to make the settlement which was made, but was told by his client not to make it. In New York, New Haven, & Hartford Railroad v. Martin, 158 Mass. 313, we declined to enforce the specific performance of an agreement of compromise of a suit made by the attorneys, because it…
2Cases cited3 opinions
- Holker v. ParkerSupreme Court of the United States · 1813
- New York, New Haven, & Hartford Railroad v. MartinMassachusetts Supreme Judicial Court · 1893
- Granger v. BatchelderSupreme Court of Vermont · 1881
3Cited by15 opinions
- Peters v. WallachMassachusetts Supreme Judicial Court · 1975
- Dwight v. HazlettWest Virginia Supreme Court · 1929
- Turner v. FlemingSupreme Court of Oklahoma · 1913
- Precious v. O'RourkeMassachusetts Supreme Judicial Court · 1930
- Brewer v. CaseyMassachusetts Supreme Judicial Court · 1907
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