Cleveland v. Welsh
Massachusetts Supreme Judicial Court
The defendant was attached in this suit by the name of “ Jacob Welsh, of Shirley, in said county of Middlesex, gentleman; ” and the sheriff of this county made service of the writ by leaving a summons at his former dwelling in said Shirley.
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The defendant was attached in this suit by the name of “ Jacob Welsh, of Shirley, in said county of Middlesex, gentleman; ” and the sheriff of this county made service of the writ by leaving a summons at his former dwelling in said Shirley. The plaintiff is named of Salem, in the county of Essex, At the return term of the Common Pleas, but not until after the jury was rnpannelied, the defendant offered to file the following plea, viz , — “ And the said Jacob Welsh comes and prays judgment if the Court here will take any further cognizance of this action, because he says that at the same time…
1Opinion of the Court
The opinion of the Court was delivered by
Parsons, C. J.
If the Court of Common Pleas did wrong, and refused to receive a regular plea in abatement, when filed seasona bly, we are satisfied that such plea ought to be received in this Court, notwithstanding the defendant has pleaded to the action ; for without further proceeding below, he could not have a judgment there entered, from which he might appeal, and at this Court have the orders and decisions of the court below revised and corrected. The question, therefore, is, whether the Common Pleas did or did not right in refusing to receive this…
2Cited by13 opinions
- Crocker v. Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1911
- Kenney v. GreerIllinois Supreme Court · 1851
- State v. AlbeeSupreme Court of New Hampshire · 1881
- Mallory's CaseMassachusetts Supreme Judicial Court · 1918
- Guild v. BonnemortMassachusetts Supreme Judicial Court · 1892
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