Warburton v. Gourse
Massachusetts Supreme Judicial Court
Contract against the surety on the recognizance of one Robinson, a poor debtor. Writ in the Second District Court of Bristol, in the City of Fall River, dated November 1, 1905. On appeal by the defendant to the Superior Court the case .was tried before Schofield, J., without a jury.
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Contract against the surety on the recognizance of one Robinson, a poor debtor. Writ in the Second District Court of Bristol, in the City of Fall River, dated November 1, 1905. On appeal by the defendant to the Superior Court the case .was tried before Schofield, J., without a jury. The plaintiff filed a motion to dismiss the appeal for want of jurisdiction, and in support of his motion produced the record of the court below, the material portion of which was as follows: “ Continued to November 21, for trial, when defendant submitted and consented to a default. November 21, defendant…
1Opinion of the CourtBraley, J.
It is not uncommon in practice in an action pending in a district, municipal or police court for a defendant to consent to the entry of a default, but he is not thereby estopped from taking and entering an appeal from the judgment, and the motion of the plaintiff to dismiss for want of jurisdiction was properly denied. Preston v. Henshaw, 192 Mass. 34. The defendant’s principal having been arrested on an execution in favor of the plaintiff entered into the recognizance provided by B. L. c. 168, § 30, and duly made application to take the oath for the relief of poor debtors. A notice of the…
2Cases cited15 opinions
- Damon v. CarrolMassachusetts Supreme Judicial Court · 1895
- Commonwealth v. KaneMassachusetts Supreme Judicial Court · 1871
- Chesebro v. BarmeMassachusetts Supreme Judicial Court · 1895
- Bliss v. KershawMassachusetts Supreme Judicial Court · 1901
- Hills v. JonesMassachusetts Supreme Judicial Court · 1877
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3Cited by7 opinions
- Bryer v. American Surety Co. of New YorkMassachusetts Supreme Judicial Court · 1934
- Haskell v. CunninghamMassachusetts Supreme Judicial Court · 1915
- Toy v. GreenMassachusetts Supreme Judicial Court · 1946
- Mead v. CutlerMassachusetts Supreme Judicial Court · 1907
- Brazill v. GreenMassachusetts Supreme Judicial Court · 1920
2 more not listed; retrieve them via the Exa API.