Wood v. Payea
| Decision Date | 05 November 1884 |
| Parties | John S. Wood v. Frank Payea |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Argued September 18, 1884.
Hampshire.
Contract upon an account annexed for goods sold and delivered. Trial in the Superior Court, upon appeal, before Rockwell, J., who ordered the appeal to be dismissed; and the plaintiff alleged exceptions. The facts appear in the opinion.
Exceptions overruled.
A. J Fargo, for the plaintiff.
J. A Wainwright, for the defendant.
OPINION
The Public Statutes provide that the times of holding terms of the police and district courts for civil business, when not established by special law, shall be fixed by the justice by general rules. Pub. Sts. c. 154, § 23.
The act establishing the District Court of Hampshire provides that the court shall be held "on Monday and Tuesday of each week in the town of Northampton," and at stated times in other towns of the county. St. 1882, c. 227.
The statutes thus provide for a weekly term of the court at Northampton. It appears from the record in this case, that the plaintiff brought a writ against the defendant, returnable to the District Court of Hampshire to be holden at Northampton on the tenth day of September, 1883, being the second Monday. The officer's return showed that due service was made on the defendant; he, not appearing, was defaulted; and, on said tenth day of September, judgment was duly entered against him, upon which execution was issued on September 14.
At the term held on September 17, the execution was cancelled, not having been served; and, upon motion of the plaintiff, the justice vacated the judgment, allowed the officer to amend his return, and issued a notice to the defendant to appear at a term to be held on September 24, to defend the suit. The defendant appeared, specially to object to the jurisdiction of the court; but the court overruled his objection, and entered judgment against him, from which he appealed to the Superior Court.
The defect in the original service was that the summons left at the last and usual place of abode of the defendant did not state the hour of the day when, or the place where, the court was to be holden. But, notwithstanding such defect, it is clear that the judgment rendered on September 10 was a valid and binding judgment. The defendant might impeach it by proceedings instituted directly for...
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