Ricker v. Gerrish

Massachusetts Supreme Judicial Court

Ricker v. Gerrish

124 Mass. 367, 1878 Mass. LEXIS 325

CourtMassachusetts Supreme Judicial Court

DecidedApril 12, 1878

StatusPublished

Cited by2 cases

This text of 124 Mass. 367 (Ricker v. Gerrish) 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

Ricker v. Gerrish, 124 Mass. 367, 1878 Mass. LEXIS 325 (Mass. 1878).

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Opinion

By the Court.

At the time of the death of Gerrish, the action being still pending against the other defendant, the administratrix of Gerrish could not be summoned in to defend. New Haven & Northampton Co. v. Hayden, 119 Mass. 361. Cochrane v. Cushing, ante, 219. The order of the court, after the return of the summons to her, that no default should be entered until further notice, extended the time within which she might file a motion to dismiss. That motion was therefore seasonably made and rightly granted. Exceptions overruled.

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By the Court.

At the time of the death of Gerrish, the action being still pending against the other defendant, the administratrix of Gerrish could not be summoned in to defend. New Haven & Northampton Co. v. Hayden, 119 Mass. 361. Cochrane v. Cushing, ante, 219. The order of the court, after the return of the summons to her, that no default should be entered until further notice, extended the time within which she might file a motion to dismiss. That motion was therefore seasonably made and rightly granted. Exceptions overruled.

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Bluebook (online)

124 Mass. 367, 1878 Mass. LEXIS 325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ricker-v-gerrish-mass-1878.

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