Inhabitants of Lincoln v. Prince
Massachusetts Supreme Judicial Court
The plaintiffs, who sue in this action by Nathaniel Thwing, Esq., treasurer of the county, demand of the defendant, named in the writ as of Portland, in the county of Cumberland, the sum of 1800 dollars, for so much money laid out and expended by the plaintiffs for the defendant’s benefit; and a like sum for so much money had and received by the defendant to the use'of the plaintiffs.
Read the full summary
The plaintiffs, who sue in this action by Nathaniel Thwing, Esq., treasurer of the county, demand of the defendant, named in the writ as of Portland, in the county of Cumberland, the sum of 1800 dollars, for so much money laid out and expended by the plaintiffs for the defendant’s benefit; and a like sum for so much money had and received by the defendant to the use'of the plaintiffs. Upon the entry of the action at the Court of Common Pleas, the defendant filed the following plea : — “ And the said P,rince, in his proper person, comes and says that this honorable court ought not to take…
1Opinion of the Court
Curia.
This is a transitory action on promises in a writ sued bj the plaintiffs against the defendant, an inhabitant of Portland, in the county of Cumberland, issued out of the office of the clerk of, and returnable to, the Court of Common Pleas of Lincoln county.
The defendant pleads in abatement of the writ, because it was not sued in the county of Cumberland, but in the county of Lincoln, where the justices of the Common Pleas, and the jurors, are necessarily parties. The objection is founded in natural justice, which prohibits every man from being a judge in his own cause, unless with the…
2Cases cited3 opinions
- Pearce v. AtwoodMassachusetts Supreme Judicial Court · 1816
- Banorgee v. HoveyMassachusetts Supreme Judicial Court · 1809
- Brown v. Inhabitants of the County of SomersetMassachusetts Supreme Judicial Court · 1814
3Cited by7 opinions
- Society for the Propagation of the Gospel v. WheelerU.S. Circuit Court for the District of New Hampshire · 1814
- Crocker v. Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1911
- Lawrence County v. Chattaroi RailroadCourt of Appeals of Kentucky · 1883
- Gardner v. BarkerMassachusetts Supreme Judicial Court · 1815
- State v. AlbeeSupreme Court of New Hampshire · 1881
2 more not listed; retrieve them via the Exa API.