Johnson v. Waterhouse
Massachusetts Supreme Judicial Court
Writ oe error to reverse a judgment of the Superior Court, rendered in an action of tort to recover for personal injuries occasioned to the defendant in error by a dog owned by the plaintiff in error. The record showed that the answer in the original action contained a general denial, and alleged that the defendant at the time of the issuing out of the plaintiff’s writ “ was and is under twenty-one years of age.”
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Writ oe error to reverse a judgment of the Superior Court, rendered in an action of tort to recover for personal injuries occasioned to the defendant in error by a dog owned by the plaintiff in error. The record showed that the answer in the original action contained a general denial, and alleged that the defendant at the time of the issuing out of the plaintiff’s writ “ was and is under twenty-one years of age.” The second paragraph of the plea was as follows: “ And further says that the plaintiff was a minor, as alleged, at the time of said judgment, and that he had no probate guardian or…
1Opinion of the CourtC. Allen, J.
The general rule is well established, that a judgment cannot properly be rendered against an infant defendant in a civil suit, unless he has a guardian who may defend the suit in his behalf; and if a judgment is so rendered, the infant is entitled to maintain a writ of error to avoid the same. Crockett v. Drew, 5 Gray, 399. Swan v. Horton, 14 Gray, 179. Farris v. Richardson, 6 Allen, 118. Mansur v. Pratt, 101 Mass. 60. Cassier’s case, 139 Mass. 458.
In the present case, the plea avers that the plaintiff in error was an infant at the time of the rendering of the judgment, and had no probate…
2Cases cited11 opinions
- Bank of the United States v. RITCHIESupreme Court of the United States · 1834
- Mason & Hale v. Denison & DenisonCourt for the Trial of Impeachments and Correction of Errors · 1835
- Genet v. TallmadgeNew York Court of Chancery · 1814
- Kelly v. SproutMassachusetts Supreme Judicial Court · 1867
- Mansur v. PrattMassachusetts Supreme Judicial Court · 1869
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3Cited by25 opinions
- Blankenburg v. CommonwealthMassachusetts Supreme Judicial Court · 1927
- Perkins v. BangsMassachusetts Supreme Judicial Court · 1910
- Guerin v. CommonwealthMassachusetts Supreme Judicial Court · 1958
- Brown v. CommonwealthMassachusetts Supreme Judicial Court · 1957
- Lee v. FowlerMassachusetts Supreme Judicial Court · 1928
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