Rogers v. Ladd
Massachusetts Supreme Judicial Court
Contract on a promissory note. Writ returnable to January term 1875, of the Superior Court for this county. On February 5,1875, F. H. Rogers, one of the plaintiffs, made and' filed the following affidavit under the St. of 1874, e. 248, § 3 : * “ And now comes F. H. Rogers, one of the plaintiffs in the above entitled action, and says, that said action is brought upon a note signed by the defendants, Ladd and Warren, by the firm name of George O. Ladd & Co., and was indorsed…
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Contract on a promissory note. Writ returnable to January term 1875, of the Superior Court for this county. On February 5,1875, F. H. Rogers, one of the plaintiffs, made and' filed the following affidavit under the St. of 1874, e. 248, § 3 : * “ And now comes F. H. Rogers, one of the plaintiffs in the above entitled action, and says, that said action is brought upon a note signed by the defendants, Ladd and Warren, by the firm name of George O. Ladd & Co., and was indorsed for value due the plaintiff by the other defendant. And he further says, that on the delivery of said note, the said Ladd…
1Opinion of the CourtGray, C. J.
The statute does not prescribe by whom the affidavit shall be made, and certainly does not require the affidavit of more than one of the plaintiffs. The notice of any order in a cause may be given to the attorney of record. The motion to take off the default was addressed to the discretion of the court below. Judgment affirmed.
2Cited by5 opinions
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