Holmes v. Turner's Falls Co.
Massachusetts Supreme Judicial Court
Writ of entby, dated March 3, 1883, against the Turner’s Falls Company and the Turner’s Falls Lumber Company. Plea, mil disseisin, with a claim for an allowance for improvements. After the former decision, reported 142 Mass. 590, the case was tried- in the Superior Court, before Hammond, J., who, after a verdict for the demandant, allowed a bill of exceptions, which appear in the opinion.
1Opinion of the CourtField, J.
Since the enactment- of the Revised Statutes, the demandant in a writ of entry is entitled to recover rents and profits, although damages therefor are not specifically claimed in the writ; and the tenant, if he make the claim, is entitled to an allowance for improvements; and the amount of both these claims may be assessed by a jury. Pub. Sts. c. 173, §§ 12-35. Raymond v. Andrews, 6 Cush. 265.
On December 1, 1886, the Superior Court referred the present cause to an auditor. The rule recites, that it appears upon an examination of the issue, that the trial of said action will require an…
2Cases cited18 opinions
- Holmes v. HuntMassachusetts Supreme Judicial Court · 1877
- Zeller's Lessee v. EckertSupreme Court of the United States · 1846
- Coyle v. WilkinsSupreme Court of Alabama · 1876
- Parker v. . BanksSupreme Court of North Carolina · 1878
- Fair v. Manhattan InsuranceMassachusetts Supreme Judicial Court · 1873
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3Cited by39 opinions
- McArthur Bro's v. CommonwealthMassachusetts Supreme Judicial Court · 1908
- Lamson & Co. v. AbramsMassachusetts Supreme Judicial Court · 1940
- Chapman v. ChapmanMassachusetts Supreme Judicial Court · 1916
- Klein v. DeRosaSupreme Court of Connecticut · 1951
- Seppala & Aho Construction Co. v. PetersenMassachusetts Supreme Judicial Court · 1977
34 more not listed; retrieve them via the Exa API.