Keown v. Hughes
Massachusetts Supreme Judicial Court
Contract for $1,000 for professional services as a physician alleged to have been rendered to the defendant’s wife from July 17 to July 28, 1913, and from November, 1916, to March 1, 1917, according to an account annexed.
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Contract for $1,000 for professional services as a physician alleged to have been rendered to the defendant’s wife from July 17 to July 28, 1913, and from November, 1916, to March 1, 1917, according to an account annexed. Writ dated June 30, 1917. On July 5, 1918, the defendant filed the following motion: “Now comes the defendant in the above entitled cause, and says that the plaintiff is a citizen and an inhabitant of the State of California, and that he is not an inhabitant of this Commonwealth, that he has failed to have his process indorsed before entry thereof by a responsible person,…
1Opinion of the CourtLoring, J.
On July 5,1918, the defendant made a motion that the plaintiff in the above entitled cause, not being an inhabitant of the Commonwealth, should be nonsuited because his writ had not been indorsed for costs in compliance with R. L. c. 173, § 39. The motion was made more than a year after the date of the writ. It was alleged in the motion that the fact that the plaintiff was not an inhabitant was a fact not disclosed on the face of the pleadings and that it was a fact which “only recently”, had come to the knowledge of the defendant. A hearing was had on this motion on July 9, 1918, at which…
2Cases cited5 opinions
- Gilbert v. President of the Nantucket BankMassachusetts Supreme Judicial Court · 1809
- Hartley v. HartleyCourt of Appeals of Kentucky · 1860
- Johnson v. SpragueMassachusetts Supreme Judicial Court · 1903
- Shute v. BillsMassachusetts Supreme Judicial Court · 1908
- Walcott v. KimballMassachusetts Supreme Judicial Court · 1866
3Cited by6 opinions
- Pigg v. BrockmanIdaho Supreme Court · 1957
- Cressey v. Erie RailroadMassachusetts Supreme Judicial Court · 1932
- Forbes v. AllenMassachusetts Supreme Judicial Court · 1922
- Kreitzer v. Puerto Rico Cars, Inc.District Court, D. Puerto Rico · 1975
- Hibernia Savings Bank v. BombaMassachusetts Appeals Court · 1993
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