Legal Opinion

Foster v. Plummer

Massachusetts Supreme Judicial Court

Decided March 15, 1849Published

This was a review of a judgment recovered in the court of common pleas by the defendants against the plaintiff. It appeared by an agreed statement of facts, that the defendants commenced an action for goods sold and delivered, against the plaintiff, and caused his real estate to be attached therein; that the action was entered in the court of common pleas, and judgment recovered thereon at the October term, 1846, upon default; that an execution issued on the judgment, and…

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This was a review of a judgment recovered in the court of common pleas by the defendants against the plaintiff. It appeared by an agreed statement of facts, that the defendants commenced an action for goods sold and delivered, against the plaintiff, and caused his real estate to be attached therein; that the action was entered in the court of common pleas, and judgment recovered thereon at the October term, 1846, upon default; that an execution issued on the judgment, and was delivered to a deputy sheriff, who proceeded in due form to seize thereon the equity of redemption of the real estate…

1Opinion of the CourtShaw, C. J.

This is a review upon a writ sued out in pursuance of a petition of the plaintiff in review, setting forth that he had had judgment rendered against him by default, when he had grounds of defence which he intended to make, but which he was prevented from making by accident or mistake. The review was granted, upon the terms of giving bond to abide the judgment. It further appears, that when the petition was presented, an execution had issued on the judgment, and that a levy had been made thereof on an equity of redemption ; but that upon the petition being granted, which prayed as well for a…

2Cases cited2 opinions

  1. Finnell v. CoxCourt of Appeals of Kentucky · 1860
  2. Johnson v. ErwineCourt of Appeals of Kentucky · 1860

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