Legal Opinion

Jarvis v. Blanchard

Massachusetts Supreme Judicial Court

Decided October 15, 1809PublishedCited by 19 opinions

The original action, to reverse the judgment of the Common Pleas on which this writ of error was purchased, was case by the defendant in error against the plaintiff in error for immoderately riding a horse, which the defendant in error had loaned on hire to the plaintiff in error, by reason of which the horse died, and the damages were laid at two hundred dollars.

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The original action, to reverse the judgment of the Common Pleas on which this writ of error was purchased, was case by the defendant in error against the plaintiff in error for immoderately riding a horse, which the defendant in error had loaned on hire to the plaintiff in error, by reason of which the horse died, and the damages were laid at two hundred dollars. Both parties appeared at the first term; but at the second term, to which the action was continued, the plaintiff only appeared, and the defendant, Jarvis, being defaulted, judgment was rendered against him by the court, without any…

1Opinion of the CourtParsons, C. J.

The attention of the Court has been called by the counsel for the plaintiff in error to the first exception only in the assignment of errors. And in this we do not think that the court below have erred.

By the statute of 1784, c. 28, § 7, it is enacted that, when process is duly served and returned, if the defendant do not appear by himself or his attorney, his default shall be recorded, and the charge in the declaration shall be deemed to be true; and the court shall thereupon give such damages as they shall find upon inquiry that the plaintiff has sustained; unless the plaintiff shall move…

2Cases cited1 opinion

  1. Savage v. GulliverMassachusetts Supreme Judicial Court · 1808

3Cited by19 opinions

  1. Dalton-Ingersoll Co. v. FiskeMassachusetts Supreme Judicial Court · 1899
  2. Hutchinson v. Manchester Street RailwaySupreme Court of New Hampshire · 1905
  3. MacEachern v. S. S. White Dental Manufacturing Co.Massachusetts Supreme Judicial Court · 1939
  4. Haight v. GayCalifornia Supreme Court · 1857
  5. Champion v. BrooksMassachusetts Supreme Judicial Court · 1812

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