McCormick v. Carroll
Massachusetts Supreme Judicial Court
Writ of entry under the Gen. Sts. c. 103, § 48,* to recover two undivided third parts of a parcel of land in Lynn. Trial in the superior court, before Lord, J., who made the following report to this court: “ It appeared that the demandant had in a former action recovered judgment against the tenant Stephen Carroll for a debt due, and in that suit had made a special attachment of the land of which the demanded premises were an undivided part, as then standing in the name of…
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Writ of entry under the Gen. Sts. c. 103, § 48,* to recover two undivided third parts of a parcel of land in Lynn. Trial in the superior court, before Lord, J., who made the following report to this court: “ It appeared that the demandant had in a former action recovered judgment against the tenant Stephen Carroll for a debt due, and in that suit had made a special attachment of the land of which the demanded premises were an undivided part, as then standing in the name of Patrick Cullen. Carroll had conveyed the whole of said lot to Cullen a few days before the attachment; and Cullen…
1Opinion of the Court
By the Court.
The court had power, at least before verdict, to allow an amendment of the levy, as is clearly shown by the cases cited in argumerit. Whether it was reasonable to set aside the verdict for the purpose of hearing a motion to amend the levy is a question of discretion, which should be decided by the court in which the trial was had; and which cannot properly be decided in this court, to which the whole case has not been brought. If the verdict should be set aside, and the amendment allowed in the superior court, the question whether the levy in its present form is valid would…
2Cited by2 opinions
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