Hardy v. Call
Massachusetts Supreme Judicial Court
Scire facias on a judgment recovered in the Circuit Court ot Common Pleas, for costs against Call, in his capacity of administrator of the goods and estate of George Palmer, deceased.
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Scire facias on a judgment recovered in the Circuit Court ot Common Pleas, for costs against Call, in his capacity of administrator of the goods and estate of George Palmer, deceased. In that capacity Call brought his action against Hardy, which was referred by rule of court in the Common Pleas to one referee ; and he reported that Hardy should recover against Call, “ in his said capacity of administrator,” costs of court and of reference; and judgment was entered up in the same language. Execution issued against the goods and estate of Palmer, the intestate, in the hands of Call, which was…
1Opinion of the CourtWilde, J.
The writ in this case is scire facias, to recover execution against the defendant de bonis propriis, he being administrator of the goods and estate of one Palmer, and having sued the former action in that capacity ; and it is founded upon the suggestion of waste, appearing by the return of the sheriff. It appears that Call was plaintiff in the original action, and, having failed to make good his claim, judgment was rendered against him in the same capacity, in favor of Hardy, the present plaintiff; and the question now to be decided depends on the form and effect of that judgment.
In the writ…
2Cited by22 opinions
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- Lightfoot v. ColeWisconsin Supreme Court · 1853
- Look v. LuceMassachusetts Supreme Judicial Court · 1884
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