Bennett v. Sweet
Massachusetts Supreme Judicial Court
Bill in equity, under Pub. Sts. c. 151, § 2, cl. 11, and St. 1884, c. 285, to reach and apply in payment- of a debt a verdict for personal injuries before judgment has been entered upon it. The defendant Sweet, who was an inhabitant of Rhode Island and who was not served with process within this Commonwealth, appeared specially by attorney and filed a motion to dismiss the bill, and also a,plea to the jurisdiction.
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Bill in equity, under Pub. Sts. c. 151, § 2, cl. 11, and St. 1884, c. 285, to reach and apply in payment- of a debt a verdict for personal injuries before judgment has been entered upon it. The defendant Sweet, who was an inhabitant of Rhode Island and who was not served with process within this Commonwealth, appeared specially by attorney and filed a motion to dismiss the bill, and also a,plea to the jurisdiction. The plaintiffs traversed the plea, and, after a hearing on evidence, the Superior Court entered a decree dismissing, the bill, with costs; and -the plaintiffs appealed to this…
1Opinion of the CourtField, C. J.
It appears that Sweet brought an action of tort against one Kimball and obtained a verdict, but that no judgment has been entered on the verdict, although by a rescript from this court the Superior Court could enter judgment. The Superior Court has continued the case for judgment, and it remains so continued. See Sweet v. Kimball, 166 Mass. 332. The cause of action there alleged was that Kimball had procured *601the arrest of Sweet without right, and forced him to pay a sum of money for his release. The present suit is a bill in equity brought by the partnership of Bennett, Rand, and Company…
2Cases cited2 opinions
- Sweet v. KimballMassachusetts Supreme Judicial Court · 1896
- Linton v. HurleyMassachusetts Supreme Judicial Court · 1870
3Cited by17 opinions
- Sibley v. NasonMassachusetts Supreme Judicial Court · 1907
- Bethlehem Fabricators, Inc. v. H. D. Watts Co.Massachusetts Supreme Judicial Court · 1934
- Wilde v. MahaneyMassachusetts Supreme Judicial Court · 1903
- Delval v. GagnonMassachusetts Supreme Judicial Court · 1912
- Flynn v. ButlerMassachusetts Supreme Judicial Court · 1905
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