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15 Mass. 476

Clark v. Lowe

Massachusetts Supreme Judicial Court · decided 1819-05-15

The defendant was summoned, by the name of “ John Lowe, of, &c., trader, and surviving administrator of the goods and estate which were of Simeon Fernald, late of, &c., deceased,” to answer to the plaintiff, judge of probate for the county of York, in a plea of debt, for that the said John Lowe, with other persons named, and who have since deceased, on, &c., at, &c., by their bond of tho date, sealed with their seals, and in Court to be produced, bounc themselves to Edward…

Good law ✅— No negative treatment on recordhow we know

Decided 1819-05-15

How this case has been cited

Cited by 9 later decisions (1 by the Supreme Court) — most recently May 1933

1 federal appellate · 1 district · 4 state decisions

201819182018301840185018601870188018901900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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By the Court.

¶1The objection is that the defendant is sued as administrator, while the declaration is against him personally on his own bond. But the objection is not well founded. He is described as J. L., trader, and surviving administrator, &c. This last is a true description of the defendant, and if it were not, it might bt rejected as surplusage, (a)

¶2Bradbury for the plaintiff

¶3Freeman for the defendant.

¶4Respondant ouster awarded.

¶5 Talmage vs. Chapel & Al. 16 Mass. Rep. 71. — Buffum vs. Chadwick, 8 Mass Rep. 103.

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