Harding v. Noyes

Massachusetts Supreme Judicial Court

Harding v. Noyes

125 Mass. 572, 1878 Mass. LEXIS 138

CourtMassachusetts Supreme Judicial Court

DecidedNovember 7, 1878

StatusPublished

Cited by9 cases

This text of 125 Mass. 572 (Harding v. Noyes) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Harding v. Noyes, 125 Mass. 572, 1878 Mass. LEXIS 138 (Mass. 1878).

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Opinion

By the Court.

The answers, signed and sworn to by the attorney only, did not comply with the requirement of the statute that they should be signed by the plaintiff himself, and upon his oath. Whether a nonsuit should be entered at the expiration of the time previously fixed for answering, or further time I be allowed to obtain proper answers, was exclusively within the ! discretion of the court below. Gen. Sts. c. 129, §§ 46, 48, 49, 56. Townsend v. Gibbs, 11 Cush. 158. Stern v. Filene, 14 Allen, 9. Judgment affirmed.

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By the Court.

The answers, signed and sworn to by the attorney only, did not comply with the requirement of the statute that they should be signed by the plaintiff himself, and upon his oath. Whether a nonsuit should be entered at the expiration of the time previously fixed for answering, or further time I be allowed to obtain proper answers, was exclusively within the ! discretion of the court below. Gen. Sts. c. 129, §§ 46, 48, 49, 56. Townsend v. Gibbs, 11 Cush. 158. Stern v. Filene, 14 Allen, 9. Judgment affirmed.

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Bluebook (online)

125 Mass. 572, 1878 Mass. LEXIS 138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harding-v-noyes-mass-1878.

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