Rogerson v. Neal

Massachusetts Supreme Judicial Court

Rogerson v. Neal

33 Mass. 370

CourtMassachusetts Supreme Judicial Court

DecidedMarch 15, 1835

StatusPublished

This text of 33 Mass. 370 (Rogerson v. Neal) 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

Rogerson v. Neal, 33 Mass. 370 (Mass. 1835).

Pincite

Opinion

Per Curiam.

Whether a paper on the files of the Court shall be withdrawn, is always a matter of discretion with the Court. There are many cases in which an application for that purpose would be refused. The liability of these defendants upon the notes in question, was tried in the former suit, and upon the merits, and under circumstances favorable for the plaintiff, and it would be improper to grant him an opportunity to try the question over again. It is no answer to say that the defendants could avail themselves of the judgment in that suit, in defence to the present action.

Nonsuit to stand

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Per Curiam.

Whether a paper on the files of the Court shall be withdrawn, is always a matter of discretion with the Court. There are many cases in which an application for that purpose would be refused. The liability of these defendants upon the notes in question, was tried in the former suit, and upon the merits, and under circumstances favorable for the plaintiff, and it would be improper to grant him an opportunity to try the question over again. It is no answer to say that the defendants could avail themselves of the judgment in that suit, in defence to the present action.

Nonsuit to stand

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Bluebook (online)

33 Mass. 370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogerson-v-neal-mass-1835.