Legal Opinion

James v. Townsend

Massachusetts Supreme Judicial Court

Decided March 15, 1870PublishedCited by 12 opinions

Petition filed October 23, 1869, for a review of a judgment recovered against the petitioner by the respondent in the superior court at October term 1867. At the hearing, before Morton, J., it appeared “ that the original writ was returnable to the superior court at October term 1859, and was served by a copy left at the last and usual place of abode of the petitioner in Worcester, on September 17,1859; that the writ was duly entered in court at the term at which it was…

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Petition filed October 23, 1869, for a review of a judgment recovered against the petitioner by the respondent in the superior court at October term 1867. At the hearing, before Morton, J., it appeared “ that the original writ was returnable to the superior court at October term 1859, and was served by a copy left at the last and usual place of abode of the petitioner in Worcester, on September 17,1859; that the writ was duly entered in court at the term at which it was returnable, and the petitioner, not appearing, was defaulted, and the case continued for judgment from term to term till…

1Opinion of the CourtWells, J.

We assume the facts to be as the testimony of the petitioner tended to show them. By mistake of the officer serving the process in the original suit, the copy was left at a place where the defendant had ceased to reside and he had in *369fact no notice of the suit, and no knowledge of the judgment rendered therein, until within one year prior to the filing of this petition. The statute limits the right of review to petitions filed within one year from the date of the judgment complained of; except that in case the judgment “ was rendered in the absence of the petitioner and without his knowledge,…

2Cases cited2 opinions

  1. Picquet v. SwanU.S. Circuit Court for the District of Massachusetts · 1828
  2. Gordon's Heirs v. GordonCourt of Appeals of Kentucky · 1858

3Cited by12 opinions

  1. Trustees of Amherst College v. AllenMassachusetts Supreme Judicial Court · 1896
  2. Watkins v. MooneyCourt of Appeals of Kentucky · 1903
  3. Robinson v. Lyndonville Creamery Ass'nMassachusetts Supreme Judicial Court · 1933
  4. Bishop v. DonnellMassachusetts Supreme Judicial Court · 1898
  5. Sawyer v. First Judicial District CourtNevada Supreme Court · 1966

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