Mason v. Pearson
Massachusetts Supreme Judicial Court
Motion to vacate a judgment in favor of the plaintiff. Hearing before Putnam, J., who allowed a bill of exceptions, in substance as follows: This action was entered at July term 1873 ; and on February 11, 1874, a trial by jury was had and a verdict rendered for the plaintiff, for $559.79. On February 12, the defendant made a motion for a new trial, which was heard and overruled on March 20. On March 25, the plaintiff moved for judgment.
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Motion to vacate a judgment in favor of the plaintiff. Hearing before Putnam, J., who allowed a bill of exceptions, in substance as follows: This action was entered at July term 1873 ; and on February 11, 1874, a trial by jury was had and a verdict rendered for the plaintiff, for $559.79. On February 12, the defendant made a motion for a new trial, which was heard and overruled on March 20. On March 25, the plaintiff moved for judgment. On March 27, judgment was entered upon the verdict, under the general order, and the court adjourned without day. On March 28, the plaintiff applied to the…
1Opinion of the CourtGray, C. J.
Final judgment having been entered, without any error or mistake, in accordance with the ordér of the court, when all parties were before it, the court had no authority, on motion after the term at which such judgment was entered, to vacate the judgment or stay the execution. Medford v. Dorsey, 2 Wash. C. C. 433. Sibbald v. United States, 12 Pet. 488, 492. Bank of United States v. Moss, 6 How. 31, 38. Avery v. United States, 12 Wall. 304. Lander v. Gordon, 7 M. & W. 218. Terry v. Briggs, 12 Cush. 319. Barnes v. Smith, 104 Mass. 363.
This is not a case in which the necessary parties had not…
2Cases cited8 opinions
- The PalmyraSupreme Court of the United States · 1827
- Ex Parte Sibbald v. United StatesSupreme Court of the United States · 1838
- President of the Bank of the United States v. MossSupreme Court of the United States · 1847
- Ex Parte CrenshawSupreme Court of the United States · 1841
- Avery v. United StatesSupreme Court of the United States · 1871
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- Kelly v. FoleyMassachusetts Supreme Judicial Court · 1933
- Commonwealth v. SoderquestMassachusetts Supreme Judicial Court · 1903
- Davis v. National Live InsuranceMassachusetts Supreme Judicial Court · 1905
- Amory v. Assessors of BostonMassachusetts Supreme Judicial Court · 1941
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