Legal Opinion

Mead v. Bowker

Massachusetts Supreme Judicial Court

Decided April 6, 1897Published

Contract, upon a judgment. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, upon agreed facts, the nature of which appears in the opinion.

1Opinion of the CourtHolmes, J.

This is a suit upon a judgment of a trial justice, brought more than six years after the judgment, and the only question is whether such a judgment is within the exception to the six years’ limitation in Pub. Sts. c. 197, § 1, cl. 1, that is to say, whether it is a judgment of a court of record.-

It is settled that judgments of justices of the peace are barred in six years. Smith v. Morrison, 22 Pick. 430. Mowry v. Cheesman, 6 Gray, 515. The earlier of these decisions, it is true, invoked the aid of St. 1839, c. 73, in interpreting the statute of limitations, the words of which were…

2Cases cited1 opinion

  1. Maloney v. PiperMassachusetts Supreme Judicial Court · 1870

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