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Kennedy v. Langdon

Michael Kennedy v. Edward A. Langdon

Kennedy v. Langdon, 123 Mass. 193 (1877)
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Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
September 12, 1877
Citations
123 Mass. 1931877 Mass. LEXIS 238
Headnotes
By the Gen. Sts. c. 115, § 7, no exception lies to a judgment of the Superior Court sustaining a motion to dismiss an action for want of proper service of the writ.
Summary
Replevin. In the Superior Court, on appeal, the defendant filed a motion to dismiss the action, on the ground, among others not material to be stated, that there had been no legal service of the writ upon the defendant. Bacon, J., sustained the motion on all the grounds assigned; and the plaintiff alleged exceptions.

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

Opinion of the Court

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By the Court.

One ground of the judgment of the Superior Court, sustaining the motion to dismiss the" action, was the insufficiency of the service of the writ. Its decision upon that ground was final, and not a subject of exception. Gen. Sts. c. 115, § 7. Smith v. Dexter, 121 Mass. 597 . We need not therefore consider the other grounds assigned. .

Exceptions overruled

How later courts describe this case

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

1897: 218972026peak 1897 · 2

Relies on it most ⓘ

  1. Kimball v. Sweet46 N.E. 409 (Mass. 1897)
  2. Smith v. Ferguson47 N.E. 97 (Mass. 1897)

Most recent

  1. Smith v. Ferguson47 N.E. 97 (Mass. 1897)
  2. Kimball v. Sweet46 N.E. 409 (Mass. 1897)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Smith v. Dexter, 121 Mass. 597 (1877) 3

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