Bishop v. Donnell
Massachusetts Supreme Judicial Court
Writ oe error, to reverse a judgment of the police court of Chelsea, rendered in an action of contract brought by the defendant in error against the plaintiff in error. Plea, in nullo est erratum.
Read the full summary
Writ oe error, to reverse a judgment of the police court of Chelsea, rendered in an action of contract brought by the defendant in error against the plaintiff in error. Plea, in nullo est erratum. At the hearing in this court, before Knowlton, J., it appeared that, on November 7,1896, the summons in the original action was delivered to the plaintiff in error by an officer, who testified that he then told her when she was to appear at court, and that she told him what the suit was for. The plaintiff in error admitted that, at about ten o’clock on November 14,1896, she, with her husband and her…
1Opinion of the CourtField, C. J.
The tendency of modern decisions is to the effect that a domestic judgment may be reviewed or reversed by a proper proceeding between the parties when there has been in fact no legal service of process and no appearance in the cause, even although the proof of such facts tends to contradict the record. The remedy by a suit against the officer for a false return often is inadequate, particularly when a large judgment has been rendered against a defendant without any service upon him, and without his knowledge. The return by an officer of service of process usually is held conclusive in…
2Cases cited18 opinions
- Hendrick v. WhittemoreMassachusetts Supreme Judicial Court · 1870
- Smith v. RiceMassachusetts Supreme Judicial Court · 1814
- Buckles v. LambertCourt of Appeals of Kentucky · 1863
- Needham v. ThayerMassachusetts Supreme Judicial Court · 1888
- Gordon's Heirs v. GordonCourt of Appeals of Kentucky · 1858
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- First National Bank v. City National BankMassachusetts Supreme Judicial Court · 1902
- Joyce v. ThompsonMassachusetts Supreme Judicial Court · 1918
- MacEachern v. S. S. White Dental Manufacturing Co.Massachusetts Supreme Judicial Court · 1939
- Moriarty v. KingMassachusetts Supreme Judicial Court · 1944
- Henry v. SweeneyMassachusetts Supreme Judicial Court · 1913
5 more not listed; retrieve them via the Exa API.