Legal Opinion

Pierce v. Lamper

Massachusetts Supreme Judicial Court

Decided January 11, 1886PublishedCited by 13 opinions

Contract, against the executor of Otis H. Pierce, in two counts. The first count was on a promissory note for |631.75, dated March 24, 1870, signed by said Pierce, and payable to the order of the plaintiff one day after date. The second count was for 113,000 and interest, for money lent by the plaintiff to said Pierce on December 2, 1875. Writ dated July 19, 1880, and returnable to the Superior Court.

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Contract, against the executor of Otis H. Pierce, in two counts. The first count was on a promissory note for |631.75, dated March 24, 1870, signed by said Pierce, and payable to the order of the plaintiff one day after date. The second count was for 113,000 and interest, for money lent by the plaintiff to said Pierce on December 2, 1875. Writ dated July 19, 1880, and returnable to the Superior Court. At December term, 1882, of that court, the action was dismissed, upon the calling of the docket, under the fifty-fourth rule.* On the last day of said December term a general order for judgment…

1Opinion of the CourtMorton, C. J.

At the calling of the docket at the beginning of the December term, 1882, in the Superior Court, this action was dismissed under the fifty-fourth rule of that court. On the last day of said term the usual general order was passed, “ that judgment be entered in all cases ripe for judgment, and that all matters pending and not passed upon be continued to the next term of this court.”

Under this order, it was the duty of the clerk to enter judgment in this case according to the order of the court made at the calling of the docket. Such judgment is deemed in law to *23have been entered on the last…

2Cases cited2 opinions

  1. Blanchard v. FerdinandMassachusetts Supreme Judicial Court · 1882
  2. Mason v. PearsonMassachusetts Supreme Judicial Court · 1875

3Cited by13 opinions

  1. Karrick v. WetmoreMassachusetts Supreme Judicial Court · 1912
  2. Nugent v. Boston Consolidated Gas Co.Massachusetts Supreme Judicial Court · 1921
  3. Sullivan v. JordanMassachusetts Supreme Judicial Court · 1941
  4. Shawmut Commercial Paper Co. v. CramMassachusetts Supreme Judicial Court · 1912
  5. Cheney v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1923

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