Karrick v. Trask
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on August 12,1920, against William R. Trask and John F. McKay to enjoin the enforcement of a judgment recovered by the defendant Trask against the plaintiff and his wife in an action at law. Material allegations in the bill are described in the opinion. The defendant J. F. McKay filed a special appearance and, without waiving his special appearance, filed a demurrer and an answer.
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Bill in equity, filed in the Supreme Judicial Court on August 12,1920, against William R. Trask and John F. McKay to enjoin the enforcement of a judgment recovered by the defendant Trask against the plaintiff and his wife in an action at law. Material allegations in the bill are described in the opinion. The defendant J. F. McKay filed a special appearance and, without waiving his special appearance, filed a demurrer and an answer. The defendant W. R. Trask filed a demurrer which, as-amended, alleged that the bill “ sets forth no facts entitling the plaintiff to relief in equity.” The suit…
1Opinion of the CourtBraley, J.
The demurrer that the plaintiff has not stated a case which entitles him to relief in equity admits all the material allegations of the bill. At the date of service of the writ in the-*478action at law at his last and usual place of abode, the defendant, now the plaintiff in the present suit, was absent from the Commonwealth and his absence continued until after the entry of judgment. No further notice of the pendency of the action having been given under R. L. c. 170, the judgment was reversible on a writ of error. Porter v. Prince, 188 Mass. 80. Langdon v. Doud, 6 Allen, 423. See Nichols v.…
2Cases cited10 opinions
- Reynolds v. Missouri, Kansas & Texas Railway Co.Massachusetts Supreme Judicial Court · 1916
- Cheshire National Bank v. JaynesMassachusetts Supreme Judicial Court · 1916
- Nichols v. VaughanMassachusetts Supreme Judicial Court · 1914
- Brooks v. TwitchellMassachusetts Supreme Judicial Court · 1903
- Granara v. Italian Catholic Cemetery Ass'nMassachusetts Supreme Judicial Court · 1914
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3Cited by4 opinions
- Rollins v. Bay View Auto Parts Co.Massachusetts Supreme Judicial Court · 1921
- Buckley v. JohnMassachusetts Supreme Judicial Court · 1943
- Leffler v. ToddMassachusetts Supreme Judicial Court · 1944
- Lapresti v. BurtonMassachusetts Supreme Judicial Court · 1936