H. C. Miner Litho. Co. v. Wagner
Massachusetts Supreme Judicial Court
Contract, originally brought in the Municipal Court of the city of Boston on an account annexed, to recover the sum of $850 for goods sold and delivered, and interest thereon. Writ dated August 18, 1897. The ease was tried in the Superior- Court, before Braley, J., on an appeal by the plaintiff from a judgment for the defendant in the Municipal Court. No appeal was taken by the defendant from any of the interlocutory orders made by the Municipal Court.
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Contract, originally brought in the Municipal Court of the city of Boston on an account annexed, to recover the sum of $850 for goods sold and delivered, and interest thereon. Writ dated August 18, 1897. The ease was tried in the Superior- Court, before Braley, J., on an appeal by the plaintiff from a judgment for the defendant in the Municipal Court. No appeal was taken by the defendant from any of the interlocutory orders made by the Municipal Court. It appeared that, in the Municipal Court, the plaintiff was allowed to amend its declaration so that it stood, with a first count on an…
1Opinion of the CourtHolmes, C. J.
This is an action of contract, originally brought upon an account annexed, but amended in the Municipal Court by adding a count upon a judgment obtained in Philadelphia, before the beginning of this action, upon the same account. The latter count alone was relied upon when the case was tried on appeal in the Superior Court, and judgment for the plaintiff was ordered upon it. The case comes here on report, and presents the question whether the allowance of the amendment by the Municipal Court was reopened by the appeal of the plaintiff to the Superior Court from a final judgment for the…
2Cases cited8 opinions
- Craig Silver Co. v. SmithMassachusetts Supreme Judicial Court · 1895
- Henderson v. StanifordMassachusetts Supreme Judicial Court · 1870
- Anderson v. MayersCalifornia Supreme Court · 1875
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- Thompson v. Minford & CammNew York Supreme Court · 1855
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3Cited by8 opinions
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- Solomon v. Continental InsuranceMassachusetts Supreme Judicial Court · 1927
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