Cutter v. Evans
Decision Date | 09 March 1874 |
Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Parties | Marshall N. Cutter & another v. Thomas C. Evans |
[Syllabus Material]
Suffolk. Contract by Marshall N. Cutter and Benjamin F Parker upon a joint and several bond to dissolve an attachment conditioned to pay a judgment within thirty days. The case was heard in the Superior Court upon the following agreed statement of facts:
On the foregoing facts judgment was ordered for the plaintiffs, and the defendant appealed to this court.
Judgment for the plaintiffs...
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In re Switzer
...v. Hotel Co., 163 Mo. 66; Cement Co. v. Neumeister, 15 Mo.App. 592; McCormack v. Hubbel, 4 Mont. 87; Way v. Lewis, 115 Mass. 226; Cutler v. Evans, 115 Mass. 27; Krawl Libbey, 53 Wis. 292. (c) Sureties being strangers to the record cannot take an appeal merely because the judgment may affect......
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Wells v. Edmison
...moved for, and the other has suffered to be rendered.” This decision is followed and approved in later cases in the same court. Cutter v. Evans, 115 Mass. 27;Ray v. Wight, 119 Mass. 426. In Boynton v. Ball, 105 Ill. 627, the same conclusion was reached in the circuit, appellate, and supreme......
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Martiniello v. Robitaille
...which is pleaded. The burden of proving that the judgment was procured by collusion or other fraud was on the sureties. See Cutter v. Evans, 115 Mass. 27, 30;Fall River v. Riley, 140 Mass. 488, 489, 5 N.E. 481. And to impeach the judgment they were required to prove also that it was imprope......
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Wells v. Edmison
...moved for, and the other has suffered to be rendered." This decision is followed and approved in later cases in the same court. Cutter v. Evans, 115 Mass. 27; Ray Wight, 119 Mass. 426. In Boynton v. Ball, 105 Ill. 627, the same conclusion was reached in the circuit, appellate, and supreme c......