Legal Opinion

Day v. Jackson

Massachusetts Supreme Judicial Court

Decided May 15, 1809PublishedCited by 5 opinions

In this action, which was transitory, the defendants prayed oyer of the writ, which being had, they pleaded in abatement that at the time of the purchase and service of the writ, neither the plaintiffs, or either of them, nor the defendants, or either of them, lived within the county of York; but the said W. D., one of the plaintiffs, lived in Gloucester, in the county of Essex, and J. D., the other plaintiff, in Portsmouth, in the state of New Hampshire, and the defendants…

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In this action, which was transitory, the defendants prayed oyer of the writ, which being had, they pleaded in abatement that at the time of the purchase and service of the writ, neither the plaintiffs, or either of them, nor the defendants, or either of them, lived within the county of York; but the said W. D., one of the plaintiffs, lived in Gloucester, in the county of Essex, and J. D., the other plaintiff, in Portsmouth, in the state of New Hampshire, and the defendants then both lived in Plymouth, in the county of Plymouth: Wherefore the plaintiffs ought to have brought their action, if…

1Opinion of the Court

The action standing over nisi for advisement, the opinion of the Court was delivered in Berkshire, at the following September term, by

Parsons, C. J.

The statute of 1782, c. 11., erecting a Court of Common Pleas in each county, enacts that this Court shall have cognizance of all civil actions of the value of more than forty shillings arising or happening within their county.

By this act any transitory action, sued by writ returnable to a Court of Common Pleas for any county, could be heard and tried by that Court, as the action (not the cause of action) arose in the county where the writ was…

2Cases cited1 opinion

  1. Taunton & South Boston Turnpike Corp. v. WhitingMassachusetts Supreme Judicial Court · 1812

3Cited by5 opinions

  1. Wernimont v. State ex rel. Little Rock Bar Ass'nSupreme Court of Arkansas · 1911
  2. Friede v. JenningsSupreme Court of Connecticut · 1936
  3. Guild v. BonnemortMassachusetts Supreme Judicial Court · 1892
  4. Eames v. CarlisleSuperior Court of New Hampshire · 1824
  5. Parsons v. BrownSupreme Court of New Hampshire · 1871

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