Neszery v. Beard
Massachusetts Supreme Judicial Court
Contract under R. L. c. 165, § 49, to recover $267.09, collected for the plaintiff by the defendant as an attorney at law, with five times the lawful interest thereon from April 1, 1914. Writ in the Municipal Court of the City of Boston dated May 2, 1914. The ad damnum of the writ was $300 and it was served by a constable by an arrest of the defendant under R. L. c. 168, § 1. The defendant gave bond and appeared pro se.
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Contract under R. L. c. 165, § 49, to recover $267.09, collected for the plaintiff by the defendant as an attorney at law, with five times the lawful interest thereon from April 1, 1914. Writ in the Municipal Court of the City of Boston dated May 2, 1914. The ad damnum of the writ was $300 and it was served by a constable by an arrest of the defendant under R. L. c. 168, § 1. The defendant gave bond and appeared pro se. On removal to the Superior Court the case was tried before Bell, J., on December 3, 1914, and there was a verdict for the plaintiff in the sum of $320.51. Exceptions by the…
1Opinion of the CourtRugg, C. J.
The only issue raised by these exceptions, as stated in the brief for the defendant, is whether “the ad damnum of a writ can be increased by amendment after verdict to an amount beyond the jurisdiction of the officer serving the same.” A constable has authority only to serve writs in which the damages are laid at a sum not exceeding $300. R. L. c. 25, § 89. The writ in the case at bar, not exceeding that sum, rightly was served by a constable. After the writ was entered in court, an amendment was allowed, subject to an exception by the defendant, increasing the ad damnum to $600.
It was said…
2Cases cited9 opinions
- Brooks v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1912
- McLaughlin v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1904
- Hearsey v. BradburyMassachusetts Supreme Judicial Court · 1812
- Hall v. HallMassachusetts Supreme Judicial Court · 1908
- Aldrich v. E. W. Blatchford & Co.Massachusetts Supreme Judicial Court · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Wadsworth v. Boston Gas Co.Massachusetts Supreme Judicial Court · 1967
- Kinnear v. General Mills, Inc.Massachusetts Supreme Judicial Court · 1941
- Thayer v. ShoreyMassachusetts Supreme Judicial Court · 1934
- Bengar v. Clark Equipment Co.Massachusetts Supreme Judicial Court · 1988
- Hooton v. G. F. Redmond & Co.Massachusetts Supreme Judicial Court · 1921
5 more not listed; retrieve them via the Exa API.