Harding v. Downs
Massachusetts Supreme Judicial Court
Appeal from a judgment of the Superior Court, affirming a judgment of the Police Court of Lee, allowing costa to the defendant, who had been arrested on a writ which the plaintiff failed to enter. The motion on which this judgment was made was as follows : “ May 1, 1871. And now the defendant comes into court and says that he has been arrested in an action of contract by the said plaintiff and commanded and summoned to appear in this court, on this first day of May instant.
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Appeal from a judgment of the Superior Court, affirming a judgment of the Police Court of Lee, allowing costa to the defendant, who had been arrested on a writ which the plaintiff failed to enter. The motion on which this judgment was made was as follows : “ May 1, 1871. And now the defendant comes into court and says that he has been arrested in an action of contract by the said plaintiff and commanded and summoned to appear in this court, on this first day of May instant. Whereúpon this said defendant prays for his costs in this behalf by him sustained.” The writ on which the defendant was…
1Opinion of the CourtColt, J.
The plaintiff appeals from the judgment of the Superior Court affirming the judgment of the Police Court of Lee, by which costs were accorded to the defendant on the plaintiff’s failure to enter the writ in this case in that court. It is not open to the plaintiff to object to this allowance that the writ waa defective in not containing a declaration. It was sufficient to require the defendant’s appearance at court, even if it might after appearance have been dismissed on his motion.
The motion for costs filed in the Police Court, with the copy of the writ upon which the defendant was arrested,…
2Cited by2 opinions
- Johnson v. ReedMassachusetts Supreme Judicial Court · 1884
- Dudley v. KeithMassachusetts Supreme Judicial Court · 1891