TaiLexi AI U.S. Case Law

Nickols v. Foster

Isaac Nickols, for a Review, versus Dwight Foster

Nickols v. Foster, 7 Mass. 63 (1810)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
September 15, 1810
Citations
7 Mass. 63
Headnotes
Practice. — The Court would not stay execution upon a petition for a review, where the petitioner had failed to serve the first order of notice, and before a second would be returnable, the year would expire, within which execution must issue.
Summary
The petition, in this case, which was presented at the last April term in this county, stated that the respondent had recovered a judgment against the petitioner for 907 dollars 65 cents, damage, with costs, at the Court of Common Pleas for this county, September term, 1809, and, for reasons set forth, prayed for a review. At the last term, notice was ordered returnable at the present term, and a stay of execution upon the petitioner’s giving bond, with sureties, to respond the judgment on the review, or to pay the amount of the former judgment, in case the action should not be reviewed. No notice having been given, Blake, for the petitioner, now moved for a new order of notice, and for a further stay of execution.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

The Court

granted *he order of notice, but refused to stay the execution further, because the year would expire, within which execution must issue, and the plaintiff would thus be put to his scire facias, or an action of debt upon the judgment.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 0 cases

No case in this database cites this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list