# Duffee v. Call

> Massachusetts Supreme Judicial Court · October 17, 1877 · 123 Mass. 318

URL: https://www.frixlaw.com/law-library/cases/6419030

## Case

- **Full name:** Margaret Duffee v. H. M. Call
- **Court:** Massachusetts Supreme Judicial Court
- **Decided:** October 17, 1877
- **Citations:** 123 Mass. 318; 1877 Mass. LEXIS 275
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Gray
- **Judges:** Gray
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6419030

## Opinion text

Gray, C. J.
If a writ duly served is not entered, the defendant, upon appearing pursuant to the summons served upon him and filing a complaint at the first term, is entitled to judgment for his costs. Gen. Sts. e. 120, § 12; c. 129, § 9. Gilbreth v. Brown, 15 Mass. 178 , 180. Lombard v. Oliver, 5 Gray, 8 . Cardival v. Smith, 109 Mass. 158, 160 . And a person summoned as trustee of the principal defends nt has the like right. Gen. Sts. e. 129, § 9. Brown v. Seymour, 1 Pick. 32 . The filing of a trustee’s answer, in an action which had been discontinued by the plaintiff’s failing to enter it, was a nullity, and did not waive or affect the right of the trustee to file a complaint for costs at the term at which she had been summoned to appear.
Exceptions sustained.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6419030. Public record. Not legal advice.