Hanscomb v. Russell
Massachusetts Supreme Judicial Court
Action of tort, brought in the police court of Cambridge by an inhabitant of that city against an inhabitant of Somerville, to recover penalties for setting a seine in Little Brook, a stream between Cambridge and Somerville, in which the tide ebbs and flows, and emptying into Mystic River; contrary to the provisions of the Sts. of 1788, c. 68, and 1820, c. 67. The defendant appealed from a judgment of the police court to the court of common pleas, and there moved that the…
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Action of tort, brought in the police court of Cambridge by an inhabitant of that city against an inhabitant of Somerville, to recover penalties for setting a seine in Little Brook, a stream between Cambridge and Somerville, in which the tide ebbs and flows, and emptying into Mystic River; contrary to the provisions of the Sts. of 1788, c. 68, and 1820, c. 67. The defendant appealed from a judgment of the police court to the court of common pleas, and there moved that the action be dismissed because the police court of Cambridge had no jurisdiction thereof. The court of common pleas ordered…
1Opinion of the CourtMetcalf, J.
The only question now before us is, whether the police court in Cambridge had jurisdiction of this action,. By §2 of the act establishing that court, (St. 1854, c. 335,) it has jurisdiction, concurrent with justices of the peace in the county of Middlesex, of all suits and actions within the jurisdiction of those justices; and by § 13 it is declared that its jurisdiction shall not be limited by reason of any interest on the part of the justices of said court “ in the payment of fines and costs into the treasury” of Cambridge or of the county.
This action is brought by an inhabitant of…
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- Browning-Ferris Industries of Vermont, Inc. v. Kelco Disposal, Inc.Supreme Court of the United States · 1989
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