Massachusetts Supreme Judicial Court, 1890

Lee v. James

Lee v. James
Massachusetts Supreme Judicial Court · Decided January 2, 1890 · Allen
150 Mass. 475; 23 N.E. 226; 1890 Mass. LEXIS 306

Lee v. James

Opinion of the Court

C. Allen, J.

The rule of the Municipal Court contemplates a late entry, upon motion and order. The consent of the defendants to a late entry dispensed with the necessity of such motion and order. It was within the power of that court to permit the entry to be made, and to proceed with the case; no objection was made, and the judgment was properly rendered, and was valid and binding upon the defendant in the case. That defendant having failed to pay the judgment, the sureties are bound by the express terms of their bond. Cutter v. Evans, 115 Mass. 27. Tapley v. Goodsell, 122 Mass. 176, 182.

Judgment on the verdict.

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