Mowry v. Chase
Massachusetts Supreme Judicial Court
Contract on a judgment recovered by the plaintiffs on June 3,1861, against the defendant in an action in the court of common pleas in the county of Providence and state of Rhode Island. Writ dated September 24, 1866. At the trial in the superior court, before Vose, J., the plaintiffs introduced an exemplification of the record of proceedings in that action, including the judgment, and rested their case.
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Contract on a judgment recovered by the plaintiffs on June 3,1861, against the defendant in an action in the court of common pleas in the county of Providence and state of Rhode Island. Writ dated September 24, 1866. At the trial in the superior court, before Vose, J., the plaintiffs introduced an exemplification of the record of proceedings in that action, including the judgment, and rested their case. The return of service of the writ in that action, shown by this record, was as follows: “ Providence, ss. September 5, a. d. 1860. I have arrested the body of the within named defendant, and…
1Opinion of the CourtChapman, C. J.
By going into the state of Rhode Island the defendant subjected himself to the jurisdiction of its courts; and, if he was sued there, and the writ was served upon him personally in such a manner as would be binding upon an inhabitant of the state, a valid judgment might be recovered against him. If he had not gone there, it would have been otherwise. Ewer v. Coffin, 1 Cush. 23. Phelps v. Brewer, 9 Cush. 390. The jury have found that he was arrested on the writ; and that the arrest was not abandoned. These questions were properly submitted to them. Carleton v. Bickford, 13 Gray, 591. The jury…
2Cases cited1 opinion
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3Cited by21 opinions
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