Stockwell v. McCracken
Massachusetts Supreme Judicial Court
Contract, brought August 18, 1868, against William Mc-Cracken and Nicholas T. Blarney, both of them described in the writ as of Boston in this county, upon a judgment rendered against them jointly on March 26, 1863, for $839.25 damages and $56.40 costs, upon them default in an action of assumpsit brought against them on November 10, 1862, by this plaintiff in the district court of the seventeenth judicial district in the county of Sierra and state of California.
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Contract, brought August 18, 1868, against William Mc-Cracken and Nicholas T. Blarney, both of them described in the writ as of Boston in this county, upon a judgment rendered against them jointly on March 26, 1863, for $839.25 damages and $56.40 costs, upon them default in an action of assumpsit brought against them on November 10, 1862, by this plaintiff in the district court of the seventeenth judicial district in the county of Sierra and state of California. No service was made on Mc-Cracken in the present action, and the plaintiff discontinued it as to him. At the trial in the superior…
1Opinion of the CourtWells, J.
This action upon a joint judgment in California, against the defendants Blarney and McCracken, is properly maintained against Blarney alone, under the Gen. Sts. e. 126, § 14, McCracken not being an inhabitant of this Commonwealth and not having been served with process.
The record of the judgment shows service of process, in that suit, upon Blarney in California, and was sufficient proof thereof, primé facie. The admission of testimony to prove actual service upon him, in support of the primé facie evidence from the record, after the defendant had produced testimony to contradict the recital…
2Cases cited1 opinion
- Hendrick v. WhittemoreMassachusetts Supreme Judicial Court · 1870
3Cited by6 opinions
- Van Norman v. GordonMassachusetts Supreme Judicial Court · 1899
- Rand v. HansonMassachusetts Supreme Judicial Court · 1891
- Renaud v. AbbottSupreme Court of the United States · 1886
- Garity v. GigieMassachusetts Supreme Judicial Court · 1881
- Burt v. DelanoU.S. Circuit Court for the District of Massachusetts · 1878
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