Laxton v. Hay
Massachusetts Supreme Judicial Court
Tort for the wrongful enticing away of the plaintiff’s husband and the alienation of his affections. Writ dated July 23, 1906. In the Superior Court the case was tried before Fessenden, J. The ad damnum named in'the writ was $10,000. At the close of the charge to the jury, the plaintiff’s counsel in the presence of the jury asked the judge if he cared “to say anything to the jury with reference to the writ not going out.”
Read the full summary
Tort for the wrongful enticing away of the plaintiff’s husband and the alienation of his affections. Writ dated July 23, 1906. In the Superior Court the case was tried before Fessenden, J. The ad damnum named in'the writ was $10,000. At the close of the charge to the jury, the plaintiff’s counsel in the presence of the jury asked the judge if he cared “to say anything to the jury with reference to the writ not going out.” The judge replied, “It is entirely for them to say what the damage will be.” The defendant’s counsel then asked the judge, “Do I understand it is entirely competent for them…
1Opinion of the CourtRugg, C. J.
This is an action of tort to recover damages for the alienation of the affections of the plaintiff’s husband by the defendant. At the close of the charge there was a colloquy between the judge and counsel the substance of which was that the plaintiff’s counsel desired to have the cause go to the jury with the understanding that if a verdict was returned in excess of the ad damnum of the writ he should ask leave to amend the writ. This course was satisfactory to the presiding judge.
It is legally possible to amend in this regard at any time before judgment. R. L. c. 173, § 48. The allowance of…
2Cases cited1 opinion
- Luddington v. GoodnowMassachusetts Supreme Judicial Court · 1897
3Cited by10 opinions
- Savage v. WelchMassachusetts Supreme Judicial Court · 1923
- Sullivan v. JordanMassachusetts Supreme Judicial Court · 1941
- Ripley v. TaftMassachusetts Supreme Judicial Court · 1925
- Buffum v. Town of RockportMassachusetts Appeals Court · 1994
- Neszery v. BeardMassachusetts Supreme Judicial Court · 1917
5 more not listed; retrieve them via the Exa API.