Bird v. Johnston
Massachusetts Supreme Judicial Court
Scire facias against the indorser of a bill in equity for the costs awarded in the suit instituted by such bill against the present plaintiffs by one Florence J. Grant.
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Scire facias against the indorser of a bill in equity for the costs awarded in the suit instituted by such bill against the present plaintiffs by one Florence J. Grant. Writ of scire facias dated February 26, 1915. In the Superior Court the case was tried before Hitchcock, J. At the trial the plaintiffs introduced in evidence the bill in equity, which was filed on July 15, 1914, and in which Florence J. Grant was described as of Freeport, in the county of Cumberland and State of Maine, and these plaintiffs were described as of Boston, Massachusetts. On the back of the bill, in the defendant’s…
1Opinion of the CourtDe Courcy, J.
Florence J. Grant, the plaintiff in the original bill in equity, was therein described as of Freeport in the county of Cumberland and State of Maine. By placing his name on the back of the bill the present defendant, John C. Johnston, became an indorser for costs under R. L. c. 173, § 39. Wheeler v. Lynde, 1 Allen, 402. Johnson v. Sprague, 183 Mass. 102. This writ of scire facias against the indorser is based upon the record in the *34original suit, and the record in that suit is conclusive against him in this proceeding. It was not open to him to show that Florence J. Grant was an inhabitant of…
2Cases cited4 opinions
- Savage v. BlanchardMassachusetts Supreme Judicial Court · 1889
- Ruggles v. IvesMassachusetts Supreme Judicial Court · 1810
- Sherburne v. ShepardMassachusetts Supreme Judicial Court · 1886
- Johnson v. SpragueMassachusetts Supreme Judicial Court · 1903
3Cited by1 opinion
- Jordan v. VelozoMassachusetts Supreme Judicial Court · 1929