Marshall v. Merritt
Massachusetts Supreme Judicial Court
Petition to the superior court at March term 1869, that a complaint under the Gen. Sts. c. 149, for flowing land, might be brought forward from December term 1867, and judgment entered as of said March term.
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Petition to the superior court at March term 1869, that a complaint under the Gen. Sts. c. 149, for flowing land, might be brought forward from December term 1867, and judgment entered as of said March term. At the hearing, before Reed, J., it was agreed that the petitioner recovered judgment for nominal damages and for costs in said complaint against the respondent at said December term 1867; that on December 23, 1867, the respondent sued out a writ of audita querela for annulment of the judgment and stay of execution, and judgment was rendered therein in favor of this petitioner at June…
1Opinion of the CourtChapman, C. J.
The power of the courts to order causes to be brought forward on the docket from a former term, where no continuance has been entered, is well established. Gile v. Moore, 2 Pick. 386, and 3 Pick. 194, nom. Commonwealth v. Moore, is an example. Browning v. Bancroft, 8 Met. 278, and 5 Met. 88, was brought forward in the court of common pleas from June term 1842 to September term 1843. The court say the power to do this is necessary for the proper regulation of the practice of the court from which appeals are made ; that when the party whose duty it was to bring the case forward is guilty of…
2Cited by3 opinions
- Mortland v. Bernard Little & TrusteeMassachusetts Supreme Judicial Court · 1884
- Mason v. PearsonMassachusetts Supreme Judicial Court · 1875
- Keith v. McCaffreyMassachusetts Supreme Judicial Court · 1887