Legal Opinion

Hamilton v. Ingraham

Massachusetts Supreme Judicial Court

Decided January 18, 1877PublishedCited by 7 opinions

Contract. The writ, issued from a District Court, was dated August 18, 1875, returnable on the “thirtieth day of August next.” The defendant entered a special appearance and filed a plea to the jurisdiction, on the ground “ that the writ was not made returnable within the time required by law.”

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Contract. The writ, issued from a District Court, was dated August 18, 1875, returnable on the “thirtieth day of August next.” The defendant entered a special appearance and filed a plea to the jurisdiction, on the ground “ that the writ was not made returnable within the time required by law.” The justice overruled the defendant’s plea, and allowed a motion of the plaintiff to amend his writ by substituting the word “ current ” for the word “ next,” and ordered judgment for the plaintiff. The defendant appealed to the Superior Court, and there filed a motion to dismiss the action, which was…

1Opinion of the Court

By the Court.

The mistake in the writ was rightly allowed to be amended. McIniffe v. Wheelock, 1 Gray, 600. Fay v. Hayden,, 7 Gray, 41. Hart v. Waitt, 3 Allen, 532. Austin v. Lamar Ins. Co. 108 Mass. 338. Judgment affirmed.

2Cases cited1 opinion

  1. Austin v. Lamar Fire InsuranceMassachusetts Supreme Judicial Court · 1871

3Cited by7 opinions

  1. Barker Co. v. Central West Investment Co.Nebraska Supreme Court · 1905
  2. Moriarty v. KingMassachusetts Supreme Judicial Court · 1944
  3. O'Brien v. McManamaMassachusetts Supreme Judicial Court · 1932
  4. Inhabitants of Dover-Foxcroft v. Inhabitants of LincolnSupreme Judicial Court of Maine · 1937
  5. Norton v. City of DoverUnited States Circuit Court · 1882

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