Hunt v. Simester
Massachusetts Supreme Judicial Court
Petition, filed in the Superior Court on September 23, 1915, for the vacation of a judgment obtained by the respondent against the petitioners. In the Superior Court the petition was heard by Wait, J. The material facts are stated in the opinion. The judge granted the petition on the terms, and subject to the respondent’s exception, described in the opinion, and reported the case for determination by this court.
1Opinion of the CourtPierce, J.
The writ in this action, without attachment of property or bond to dissolve an attachment, was entered in the Superior Court of Suffolk County on August 2, 1915.
The defendants, the present petitioners, had accepted service of the writ. On August 11,1915, the day before the time for an appearance would expire, the defendants’ attorney went to the office of the clerk of the Superior Court for the purpose of filing an appearance if the writ had been entered. He testified that he had examined the indexes and was unable to find the case; that the “defendants’ index” was missing; that he went to…
2Cases cited4 opinions
- Davis v. National Live InsuranceMassachusetts Supreme Judicial Court · 1905
- City of Boston v. RobbinsMassachusetts Supreme Judicial Court · 1874
- Soper v. ManningMassachusetts Supreme Judicial Court · 1893
- Keene v. WhiteMassachusetts Supreme Judicial Court · 1883
3Cited by8 opinions
- Ryan v. HickeyMassachusetts Supreme Judicial Court · 1921
- Kravetz v. LipofskyMassachusetts Supreme Judicial Court · 1936
- Rollins v. Bay View Auto Parts Co.Massachusetts Supreme Judicial Court · 1921
- Marsch v. Southern New England RailroadMassachusetts Supreme Judicial Court · 1920
- Lee v. FowlerMassachusetts Supreme Judicial Court · 1928
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