Legal Opinion

Dudley v. Keith

Massachusetts Supreme Judicial Court

Decided January 12, 1891PublishedCited by 15 opinions

Motion, filed January 21,1890, for leave to enter a writ dated September 10, 1889, and returnable to the Superior Court at Plymouth on the first Monday of November, 1889. Lathrop, J., denied the motion, and ruled, as matter of law, that the court had no power to allow the writ to be entered, and reported the case for the determination of this court.

1Opinion of the CourtField, C. J.

In the Colonial Laws it appears that the General Court in 1665 ordered “ That henceforth no action shall be entered after the first day of the court is ended. And in case any plaintiff shall delay his entry longer than the first forenoon of the court’s sitting, every such person or persons shall pay double entry money.” Anc. Chart. 45. Colonial Laws of 1672, (Whitmore’s ed.) 2. By the Province Laws it was provided that “ No action be entered after' the first day of the court’s sitting.” Prov. St. 1727-28, c. 10, § 2, 2 Prov. Laws, (State ed.) 464. Prov. St. 1732-33, c. 6, § 2, 2 Prov. Laws,…

2Cases cited2 opinions

  1. Cardival v. SmithMassachusetts Supreme Judicial Court · 1872
  2. Harding v. DownsMassachusetts Supreme Judicial Court · 1872

3Cited by15 opinions

  1. Dalton-Ingersoll Co. v. FiskeMassachusetts Supreme Judicial Court · 1899
  2. Coughlan v. MurphySupreme Court of Connecticut · 1948
  3. Byron v. Concord National BankMassachusetts Supreme Judicial Court · 1938
  4. Reardon v. CummingsMassachusetts Supreme Judicial Court · 1908
  5. Bailey v. EdmundsonMassachusetts Supreme Judicial Court · 1897

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