McCormick v. Fiske
Massachusetts Supreme Judicial Court
Contract, against Oliver Fiske and John Eliot, on a judgment recovered by the plaintiffs, on June 24, 1880, in the Superior Court.
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Contract, against Oliver Fiske and John Eliot, on a judgment recovered by the plaintiffs, on June 24, 1880, in the Superior Court. Writ dated November 2, 1881. Answer : 1. That the original debt had been paid before judgment; that the judgment had been obtained by default and without notice to the defendant, so that the defendant was entitled, in the discretion of the court, to show the payment in defence. 2. That the judgment was void for want of jurisdiction, because there had been no sufficient service of the writ. Trial in the Superior Court, before Knowlton, J., who allowed a bill of…
1Opinion of the CourtC. Allen, J.
Under the Pub. Sts. c. 187, § 4, reenacting the Gen. Sts. c. 146, §§ 5, 6, a writ of error to reverse a judgment may be sued out within six years after the entering of the judgment; or, if an action of contract or writ of scire facias is brought on a judgment, a writ of error may be sued out at any time within six years after the bringing of such action or writ. A want of jurisdiction in the court rendering the judgment is peculiarly a proper matter to be assigned for error. Pub. Sts. c. 187, § 3.
Upon a writ of error, the actual facts upon which the jurisdiction depended inight be shown; and…
2Cases cited1 opinion
- Hendrick v. WhittemoreMassachusetts Supreme Judicial Court · 1870
3Cited by13 opinions
- Adams v. AdamsMassachusetts Supreme Judicial Court · 1891
- Eliot v. McCormickMassachusetts Supreme Judicial Court · 1887
- Needham v. ThayerMassachusetts Supreme Judicial Court · 1888
- Foley v. City of HaverhillMassachusetts Supreme Judicial Court · 1887
- Chicago Title & Trust Co. v. SmithMassachusetts Supreme Judicial Court · 1904
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