Taunton & South Boston Turnpike Corp. v. Whiting
Massachusetts Supreme Judicial Court
Assumpsit for the amount of sundry assessments made on the shares of the said turnpike, for which the defendant subscribed. The defendant, at the return term of the writ in the court below, filed the following plea, viz.: And now comes the said W.P.
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Assumpsit for the amount of sundry assessments made on the shares of the said turnpike, for which the defendant subscribed. The defendant, at the return term of the writ in the court below, filed the following plea, viz.: And now comes the said W.P. W., in his own proper person, and defends, &c., when and where, &c., and prays judgment of the plaintiffs’ writ; because he says that, the said action is a personal and transitory action; and at the time of the purchase and service of said writ, or at any time before, the defendant did not live in said county of Bristol ;■ and the said plaintiffs,…
1Opinion of the Court
The Court
observed that, upon consideration, they were satisfied that the plaintiffs, having no commorancy, are not within the purview of the statute relied on by the defendant. The plea in abatement was therefore overruled, and a
Respondeos ouster awarded.
2Cited by6 opinions
- Brown v. WebberMassachusetts Supreme Judicial Court · 1850
- National Shawmut Bank v. City of WatervilleMassachusetts Supreme Judicial Court · 1934
- Potter v. Lapointe Machine Tool Co.Massachusetts Supreme Judicial Court · 1909
- Day v. JacksonMassachusetts Supreme Judicial Court · 1809
- Raymond v. City of LowellMassachusetts Supreme Judicial Court · 1850
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