Legal Opinion

Wallace v. Inhabitants of the First Parish

Massachusetts Supreme Judicial Court

Decided January 15, 1872PublishedCited by 10 opinions

Contract, by an attorney at law, for professional services and cash disbursements in a writ of entry brought in the year 1863, in the name and behalf of the defendants, to recover land mortgaged by one George H. Green to secure payment of his promissory note to them.

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Contract, by an attorney at law, for professional services and cash disbursements in a writ of entry brought in the year 1863, in the name and behalf of the defendants, to recover land mortgaged by one George H. Green to secure payment of his promissory note to them. Trial in the superior court before Devens, J., who directed a pro formd verdict for the defendants, and reported the evidence to this court, under an agreement of the parties that if it would sustain the action the verdict should be set aside and the plaintiff have judgment for the full amount of his claim, otherwise judgment to…

1Opinion of the Court

Morton, J

This is a suit to recover for services rendered and money expended in prosecuting a suit in favor of the defendants upon a note and mortgage owned by them. The plaintiff was employed to commence this suit in August 1863, by Joseph Winn, who claimed to act as treasurer of the defendant parish. No record of any meeting of the parish since 1857 can be found. In order to prove that Winn was treasurer, the plaintiff introduced paroi testimony, which tended to show that a warrant was issued and a meeting called and held in the spring of 1863 ; that Elisha Withington was elected clerk and…

2Cases cited1 opinion

  1. Bond v. MullinsCourt of Appeals of Kentucky · 1860

3Cited by10 opinions

  1. Commissioner of Banks v. Cosmopolitan Trust Co.Massachusetts Supreme Judicial Court · 1925
  2. Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1888
  3. Packard v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1897
  4. Bristol County Savings Bank v. KeavyMassachusetts Supreme Judicial Court · 1880
  5. Bryant v. City of PittsfieldMassachusetts Supreme Judicial Court · 1908

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