Greene v. Hatch
Massachusetts Supreme Judicial Court
Hatch having recovered judgment against Greene, as he was administrator of the goods and estate of David Greene deceased, for the sum of $ 1876.73 damage, and Greene, in his said capacity, having recovered judgmem against Hatch for the sum of $ 758.41, at the last March term, Hatch obtained a rule upon Greene, to show cause why he should not have leave to set off and remit the amount of Greene’s judgment, and take judgment himself for the balance, being #1118.32. The facts,…
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Hatch having recovered judgment against Greene, as he was administrator of the goods and estate of David Greene deceased, for the sum of $ 1876.73 damage, and Greene, in his said capacity, having recovered judgmem against Hatch for the sum of $ 758.41, at the last March term, Hatch obtained a rule upon Greene, to show cause why he should not have leave to set off and remit the amount of Greene’s judgment, and take judgment himself for the balance, being #1118.32. The facts, which were agreed, or appeared in an affidavit of Hatch, and were not contradicted, were : The action of Hatch was debt…
1Opinion of the CourtParker, C. J.
We consider it to have been settled in the case between Makepeace & Coates (1), that this Court has the authority upon which this motion is predicated. It is stated, in the report of that case, to have been laid down by Sewall, J., speaking for the Court, that they had no doubt the purposes of the motion were within the legal discretion and authority of the Court, by virtue of ther superintendence of all legal proceedings pending before them. Ana the statute, recently made, (2) providing that sheriffs, &c., may set off one execution against another, presents no more reason [*197] against the…
2Cases cited2 opinions
- Goodenow v. ButtrickMassachusetts Supreme Judicial Court · 1810
- Boardman v. RoeMassachusetts Supreme Judicial Court · 1816
3Cited by24 opinions
- Universal Adjustment Corp. v. Midland Bank, Ltd., of LondonMassachusetts Supreme Judicial Court · 1933
- Massachusetts Motor Vehicle Reinsurance Facility v. Commissioner of InsuranceMassachusetts Supreme Judicial Court · 1980
- Greene v. DarlingU.S. Circuit Court for the District of Rhode Island · 1828
- Burtis v. Cook & SargentSupreme Court of Iowa · 1864
- Goldman v. Noxon Chemical Products Co.Massachusetts Supreme Judicial Court · 1931
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