Dennie v. Williams
Massachusetts Supreme Judicial Court
Contract, in the name of the treasurer of the city of Boston, for the benefit of B,. C. Simpson, upon a constable’s bond given by the defendant Williams as principal, and the other defendants as sureties, to enforce payment of a judgment recovered by Simpson in an action against Williams for the conversion of certain goods.
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Contract, in the name of the treasurer of the city of Boston, for the benefit of B,. C. Simpson, upon a constable’s bond given by the defendant Williams as principal, and the other defendants as sureties, to enforce payment of a judgment recovered by Simpson in an action against Williams for the conversion of certain goods. Trial in the Superior Court, without a jury, before Blodgett, J., who found for the defendants; and the plaintiff alleged exceptions, which appear in the opinion.
1Opinion of the CourtColburn, J.
The first exception presented by the plaintiff is to the refusal of the presiding justice to discharge the agreement waiving jury trial, and to strike off the agreement and the finding under it from the record in the case.
The provisions of the Sts. of 1874, c. 248, § 1, 1875, c. 212, § 1, reenacted in the Pub. Sts. c. 167, § 69, require that all civil actions, except those for which a different provision is *29expressly made, shall be heard and determined by the court, unless some party to the suit, within a time specified, files a notice that he desires a trial by jury. These provisions of the…
2Cases cited6 opinions
- Toombs v. StoneCourt of Appeals of Kentucky · 1859
- Elliott v. HaydenMassachusetts Supreme Judicial Court · 1870
- Foster v. MorseMassachusetts Supreme Judicial Court · 1882
- Combs v. HodgeSupreme Court of the United States · 1859
- Bailey v. JoyMassachusetts Supreme Judicial Court · 1882
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3Cited by24 opinions
- Delaware County Commissioners v. Diebold Safe & Lock Co.Supreme Court of the United States · 1890
- Jennings v. BragdonMassachusetts Supreme Judicial Court · 1935
- Alcorn v. DennisSupreme Court of Oklahoma · 1909
- Miles v. StrongSupreme Court of Connecticut · 1896
- DeMontague v. BacharachMassachusetts Supreme Judicial Court · 1905
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