Legal Opinion

Jenks v. Hoag

Massachusetts Supreme Judicial Court

Decided October 17, 1901PublishedCited by 14 opinions

■ Tort to" recover damages for an alleged, conspiracy of the defendant, an attorney at law, with his client under examination as a poor debtor, to prevent, by false testimony of the client, the plaintiff’s intestate from obtaining an order for the application of certain money of the client in satisfaction of an execution held by the plaintiff’s intestate against her.

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■ Tort to" recover damages for an alleged, conspiracy of the defendant, an attorney at law, with his client under examination as a poor debtor, to prevent, by false testimony of the client, the plaintiff’s intestate from obtaining an order for the application of certain money of the client in satisfaction of an execution held by the plaintiff’s intestate against her. Writ dated March 17, 1900. ■ The plaintiff’s declaration alleged in substance, that the plaintiff’s intestate recovered a judgment against Charles W. Shaw and Jennie G. Shaw; that execution thereon was duly issued and demand made…

1Opinion of the CourtKnowltof, J.

This case is before us on the plaintiff s appeal from an order sustaining the defendant’s demurrer, and directing a judgment for the defendant. A question much discussed by the parties is whether the averments of the declaration state a case of damage directly resulting from the defendant’s wrong, which can be the foundation of a judgment in an action of tort. The allegations of the declaration virtually charge the defendant with subornation of perjury. He is.accused of having conspired * with his client to present false testimony which should prevent the plaintiff’s intestate from obtaining…

2Cases cited6 opinions

  1. Adler v. FentonSupreme Court of the United States · 1861
  2. Cutter v. HamlenMassachusetts Supreme Judicial Court · 1888
  3. Bradley v. FullerMassachusetts Supreme Judicial Court · 1875
  4. Leggate v. MoultonMassachusetts Supreme Judicial Court · 1874
  5. Austin v. BarrowsSupreme Court of Connecticut · 1874

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Piper v. ChildsMassachusetts Supreme Judicial Court · 1935
  2. McStowe v. BornsteinMassachusetts Supreme Judicial Court · 1979
  3. Bethlehem Fabricators, Inc. v. H. D. Watts Co.Massachusetts Supreme Judicial Court · 1934
  4. Kraft Power Corp. v. MerrillMassachusetts Supreme Judicial Court · 2013
  5. Lewis v. CorbinMassachusetts Supreme Judicial Court · 1907

9 more not listed; retrieve them via the Exa API.

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