Chipman v. Fowle
Massachusetts Supreme Judicial Court
Contract upon a bond to. dissolve an attachment, signed by Henry M. Beals as principal, and Henry F. Woods and Luke W. Fowle as sureties, in an action in favor of the plaintiff against Beals, and in which judgment was recovered, on December 12, 1878, for $800 damages and $61.21 costs of suit.
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Contract upon a bond to. dissolve an attachment, signed by Henry M. Beals as principal, and Henry F. Woods and Luke W. Fowle as sureties, in an action in favor of the plaintiff against Beals, and in which judgment was recovered, on December 12, 1878, for $800 damages and $61.21 costs of suit. Trial in the Superior Court, without a jury, before Pitman, J., who allowed a bill of exceptions in substance as follows : On May 13, 1880, judgment was entered for the plaintiff for $5000, the penalty of the bond declared on. At the same time, a petition was filed by Beals, in which he represented that…
1Opinion of the CourtLord, J.
So far as set-off is matter of right between parties, the Gen. Sts. c. 130; c. 126, §§ 2, 3, 5; and c. 146, § 34, have determined those rights. The set-off claimed in this case does not come within any one of the various provisions regarding set-off defined by those chapters. Assuming that there is a jurisdiction in courts in which judgments ares recovered to direct a set-off of judgments owned by different parties, and that this power “rests upon their jurisdiction over suitors in them and their general superintendence of proceedings before them; ” Ames v. Bates, 119 Mass. 397; Makepeace v.…
2Cases cited3 opinions
- Greene v. HatchMassachusetts Supreme Judicial Court · 1815
- Makepeace v. CoatesMassachusetts Supreme Judicial Court · 1812
- Ames v. BatesMassachusetts Supreme Judicial Court · 1876
3Cited by7 opinions
- Perry v. PyeMassachusetts Supreme Judicial Court · 1913
- Murphy v. Brilliant Co.Massachusetts Supreme Judicial Court · 1948
- Jump v. LeonMassachusetts Supreme Judicial Court · 1906
- Old Colony Trust Co. v. National Non-Theatrical Motion Picture Bureau, Inc.Massachusetts Supreme Judicial Court · 1931
- Allin v. GeorgasMassachusetts District Court, Appellate Division · 1936
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