Johnson v. Harvey
Massachusetts Supreme Judicial Court
This writ of error was brought to reverse a judgment of the Court of Common Pleas for this county, rendered at January term, A. D. 1800, upon an action of the case in assumpsit, wherein the defendant in error was plaintiff, and the plaintiff in error was defendant. The defendant in the original writ was named of Cambridge, in the county of Franklin, and state of Vermont.
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This writ of error was brought to reverse a judgment of the Court of Common Pleas for this county, rendered at January term, A. D. 1800, upon an action of the case in assumpsit, wherein the defendant in error was plaintiff, and the plaintiff in error was defendant. The defendant in the original writ was named of Cambridge, in the county of Franklin, and state of Vermont. At the first term of the Common Pleas, when the original writ was returned, it was suggested on the record that the defendant was out of the commonwealth at the time of the service of the original writ; and the action stood…
1Opinion of the Court
The cause was continued nisi by consent of the parties for advisement, and at the following March term in Boston, the opinion of the Court was delivered by
Parsons, C. J.
[After stating from the record the proceedings in the original action, and the error assigned.] We are to decide whether or not the judgment for this cause is to be reversed.
By the statute of 1784, c. 28, § 7, if the defendant, having been duly served with the writ, makes default, judgment is to be entered against him, his default being considered as a confession of the cause of action.
By the statute of 1797, c. 50, § 5, if…
2Cited by19 opinions
- Boyle v. Zacharie & TurnerSupreme Court of the United States · 1832
- Chesebro v. BarmeMassachusetts Supreme Judicial Court · 1895
- Trawick v. DavisSupreme Court of Alabama · 1842
- Patrick v. DunbarMassachusetts Supreme Judicial Court · 1937
- Phelps v. ParksSupreme Court of Vermont · 1832
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