Hutchinson v. Tucker
| Decision Date | 22 March 1878 |
| Citation | 124 Mass. 240 |
| Parties | Patrick H. Hutchinson v. James C. Tucker |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Suffolk. Contract on an account annexed. The writ, dated March 23, 1875, and returnable to the Superior Court, was against the defendant personally. On February 27, 1877, Gardner, J., allowed the plaintiff to amend the writ so as to charge the defendant as administrator of John C. Tucker, the defendant objecting to the amendment on the ground that he, as administrator, had rendered his final account and fully administered on the estate. The defendant alleged exceptions.
The case was afterwards tried before Bacon, J. The defendant pet in evidence that his first and final account was allowed by the Probate Court on February 5, 1877, and that the amendment was allowed more than two years after he gave due notice of his appointment as administrator; and requested the judge to rule that the plaintiff could not recover, for these reasons.
The judge declined so to rule. The jury returned a verdict for the plaintiff; and the defendant alleged exceptions.
Exceptions overruled.
J. P. Treadwell & L. H. Babcock, for the defendant.
P. H. Hutchinson, pro se.
The allowance of the amendment was within the discretion of the Superior Court, to the exercise of which no exception lies. Gen. Sts. c. 129, §§ 41, 82. Lester v. Lester, 8 Gray 437.
Exceptions overruled.
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Gallagher v. Wheeler
...v. Riseman, 280 Mass. 338, 340, 182 N.E. 567. The practice in this commonwealth is well settled on this point. It was held in Hutchinson v. Tucker, 124 Mass. 240, that amendment to a writ against an individual was permissible so as to charge him in his capacity as administrator although all......
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Genga v. New York, N.H.&H.R. Co.
...a new party defendant. The allowance of such an amendment under the state practice rests in sound judicial discretion. Hutchinson v. Tucker, 124 Mass. 240;Silva v. New England Brick Co., 185 Mass. 151, 69 N. E. 1054;Lester v. Lester, 8 Gray, 437;Knights v. Treasurer & Receiver General, 236 ......
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Attorney Gen. ex rel. Bates v. Henry
...303;Silva v. New England Brick Co., 185 Mass. 151, 69 N. E. 1054;Drew v. Farnsworth, 186 Mass. 365, 71 N. E. 783. See, also, Hutchinson v. Tucker, 124 Mass. 240;McLaughlin v. West End St. R. Co., 186 Mass. 150, 71 N. E. 317;Eaton v. Walker, 244 Mass. 23, 29, 138 N. E. 798;Phillips v. Direct......
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Eaton v. Walker
...G.L.c. 231, Section 51. Under our liberal practice as to amendments that is too well settled now to admit of discussion. Hutchinson v. Tucker, 124 Mass. 240. McLaughlin v. West End Street Railway, 186 Mass. 150 . Genga v. Director General of Railroads, 243 Mass. 101 , and cases there collec......