Dunbar v. Baker
Massachusetts Supreme Judicial Court
Contract. At October term 1869 of the superior court the defendant was defaulted, and, by consent of parties, the court ordered that judgment should be entered for the plaintiff at the end of the term.
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Contract. At October term 1869 of the superior court the defendant was defaulted, and, by consent of parties, the court ordered that judgment should be entered for the plaintiff at the end of the term. The term ended on December 18, but on December 16 the defendant filed in the clerk’s office of the superior court the following writing: “And now before judgment, the defendant comes and suggests his bankruptcy, and alleges that proceedings therein are now pending against him, and moves that the case be continued to await said proceedings.” No notice was given to the plaintiffs of the filing of…
1Opinion of the CourtMorton, J.
The question presented in this case is a very narrow one. The defendant having been defaulted in the superior court at October term 1869, the court ordered that judgment for the plaintiffs should be entered at the end of the term. This order took effect on the last day of the term, and the plaintiffs were then entitled to judgment. The paper filed by the defendant in the clerk’s office, not brought to the notice of the court and not acted on, could not operate to vacate the order of judgment, or to affect the duty of the clerk to enter the judgment of record. The order of the superior court…
2Cited by16 opinions
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