Legal Opinion

Rosenthal v. Nove

Massachusetts Supreme Judicial Court

Decided March 21, 1900PublishedCited by 33 opinions

Tort, for personal injuries. Writ dated July 7,1898. Trial in the Superior Court, before Hopkins, J., who overruled a motion for stay of proceedings and directed that a special judgment be entered ; and the defendants alleged exceptions. The facts appear in the opinion.

1Opinion of the CourtBarker, J.

After verdict and before judgment, the defendants were adjudicated bankrupts, and thereafter they filed a suggestion of that fact and moved that all proceedings be stayed. This motion was denied and a special judgment entered to enable the plaintiff to proceed against the sureties upon a bond, given more than four months before the bankruptcy, to dissolve an attachment. The exceptions raise the question whether the court had power to overrule the motion for a stay, and to direct the entry of a special judgment. The answer depends upon the provisions of the United States Bankruptcy Act of July…

2Cases cited4 opinions

  1. Hill v. HardingSupreme Court of the United States · 1889
  2. Hill v. HardingSupreme Court of the United States · 1883
  3. Ray v. WightMassachusetts Supreme Judicial Court · 1876
  4. Holland v. MartinMassachusetts Supreme Judicial Court · 1877

3Cited by33 opinions

  1. Brennan v. Election CommissionersMassachusetts Supreme Judicial Court · 1942
  2. Vadner v. VadnerDistrict Court, D. Nevada · 1918
  3. Rogers v. AbbotMassachusetts Supreme Judicial Court · 1910
  4. Feigenspan v. McDonnellMassachusetts Supreme Judicial Court · 1909
  5. Parker v. MurphyMassachusetts Supreme Judicial Court · 1913

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