Legal Opinion

Norris v. Anderson

Massachusetts Supreme Judicial Court

Decided May 19, 1902PublishedCited by 15 opinions

Writ of entry, dated March 26, 1900, for certain premises on Wood Street in Woburn. r-. At the trial in the Superior Court before Hardy, J., without a jury, it appeared, that the tenant claimed title to the premises under a deed from one John Kovarik of Woburn to the tenant, dated October 27, 1899. The demandant claimed title under a sheriff’s deed dated February 14, 1900, and by virtue of an attachment, made in the suit of one Alexander Ellis against the grantor of the…

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Writ of entry, dated March 26, 1900, for certain premises on Wood Street in Woburn. r-. At the trial in the Superior Court before Hardy, J., without a jury, it appeared, that the tenant claimed title to the premises under a deed from one John Kovarik of Woburn to the tenant, dated October 27, 1899. The demandant claimed title under a sheriff’s deed dated February 14, 1900, and by virtue of an attachment, made in the suit of one Alexander Ellis against the grantor of the tenant, on October 16, 1899. The evidence tended to show that John Kovarik, on September 28, 1899, orally agreed to convey…

1Opinion of the CourtBarker, J.

The only ground which (ran be urged against the validity of the attachment at the first is the mistake in the name of the defendant. The defendant was in fact John Kovarik of Woburn. The misnomer may have been matter for abatement if John Kovarik saw fit to plead it in abatement, but the writ was a writ against him. No statute provides that an attachment of real estate shall be ineffectual or void if the defendant is wrongly named in the writ, nor does any statute or decision require in terms that the documents which show the attachment shall state the correct name of the defendant. The…

2Cases cited15 opinions

  1. Doran v. CohenMassachusetts Supreme Judicial Court · 1888
  2. Driscoll v. HoltMassachusetts Supreme Judicial Court · 1898
  3. Sykes v. KeatingMassachusetts Supreme Judicial Court · 1875
  4. Gillespie v. RogersMassachusetts Supreme Judicial Court · 1888
  5. Terry v. SissonMassachusetts Supreme Judicial Court · 1878

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3Cited by15 opinions

  1. Savage v. WelchMassachusetts Supreme Judicial Court · 1923
  2. Mass. Building Finish Co. v. BrennerMassachusetts Supreme Judicial Court · 1934
  3. Teschke v. KellerMassachusetts Appeals Court · 1995
  4. Morton v. ShawMassachusetts Supreme Judicial Court · 1906
  5. Colonial Bank & Trust Co. v. SheehanMassachusetts Supreme Judicial Court · 1970

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