Sears v. Dacey

Massachusetts Supreme Judicial Court

Sears v. Dacey

122 Mass. 388, 1877 Mass. LEXIS 138

CourtMassachusetts Supreme Judicial Court

DecidedMarch 12, 1877

StatusPublished

Cited by2 cases

This text of 122 Mass. 388 (Sears v. Dacey) 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

Sears v. Dacey, 122 Mass. 388, 1877 Mass. LEXIS 138 (Mass. 1877).

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Opinion

Gray, C. J.

The question whether the judgment in Connecticut bound the defendant depended upon the question whether the writ in that action was duly served upon him in that state. The defendant introduced evidence that he was not at the time of such service, and had never since been, in Connecticut. The evidence of the defendant’s admission that he knew of the bringing of the action in Connecticut, taken in connection with the other testimony introduced by the plaintiff to show that the defendant was in that state at the time of the service, was competent to contradict the evidence introduced by the defendant, and to support the plaintiff’s" action upon the judgment. Knowles v. Gaslight & Coke Co. 19 Wall. 58. McDermott v. Clary, 107 Mass. 501. Exceptions overruled.

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Gray, C. J.

The question whether the judgment in Connecticut bound the defendant depended upon the question whether the writ in that action was duly served upon him in that state. The defendant introduced evidence that he was not at the time of such service, and had never since been, in Connecticut. The evidence of the defendant’s admission that he knew of the bringing of the action in Connecticut, taken in connection with the other testimony introduced by the plaintiff to show that the defendant was in that state at the time of the service, was competent to contradict the evidence introduced by the defendant, and to support the plaintiff’s" action upon the judgment. Knowles v. Gaslight & Coke Co. 19 Wall. 58. McDermott v. Clary, 107 Mass. 501. Exceptions overruled.

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Bluebook (online)

122 Mass. 388, 1877 Mass. LEXIS 138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sears-v-dacey-mass-1877.

Opinion

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