Merrill v. Beckwith
Massachusetts Supreme Judicial Court
Bill in equity, for specific performance of a contract for the purchase of land. The plaintiffs moved to amend the suit into an action at law. Hearing before Knowlton, J., who granted the motion; and the defendant appealed to the full court. The facts appear in the opinion.
1Opinion of the CourtField, C. J.
This suit was originally a bill in equity for the specific performance of a contract on the part of the defendant to purchase land. The bill was inserted in a writ of summons and attachment on which an attachment of real property was made, but there was no service of a summons upon the defendant personally within the Commonwealth, and the defendant was described in the writ as of “ the city, county, and State of New York.” The defendant moved to dismiss the suit for want of sufficient service, and on October 23, 1894, a single justice of this court granted the motion, the entry on the docket…
2Cases cited10 opinions
- Gale v. NickersonMassachusetts Supreme Judicial Court · 1887
- Watuppa Reservoir Co. v. City of Fall RiverMassachusetts Supreme Judicial Court · 1888
- Terry v. BrightmanMassachusetts Supreme Judicial Court · 1882
- Winchester v. WinchesterMassachusetts Supreme Judicial Court · 1876
- Merrill v. BeckwithMassachusetts Supreme Judicial Court · 1895
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3Cited by21 opinions
- Institution for Savings in Newburyport & Its Vicinity v. PufferMassachusetts Supreme Judicial Court · 1909
- Carilli v. HerseyMassachusetts Supreme Judicial Court · 1939
- Day v. MillsMassachusetts Supreme Judicial Court · 1913
- Nelson Theatre Co. v. NelsonMassachusetts Supreme Judicial Court · 1913
- Churchill v. ChurchillMassachusetts Supreme Judicial Court · 1921
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