Keyes v. Stone
Massachusetts Supreme Judicial Court
This writ of error was brought to reverse a judgment of the Court of Common Pleas in this county, rendered June term, 1803, in which the plaintiff in error *was plain- [*392 J tiff, and the defendant in error was defendant.
1Opinion of the Court
The opinion of the Court was afterwards delivered to the following effect, by
Parsons, C. J.
The opinion of the Court below was
formerly holden to be the law, and the case of * Weaver [ * 394 ] vs. Boroughs (2) before Lord Raymond is an authority to that purpose. This, Lord Mansfield observes, was the rule, when it was the fashion to lay hold of a nonsuit, whenever it could be done. His lordship first overruled it in the case of Harris vs. Oke, in 1759, cited at the bar from Buller’s Nisi Prius, 139. And it was then his opinion, that where the evidence was sufficient to support the action on a…
2Cited by12 opinions
- Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1830
- Hollis v. ChapmanTexas Supreme Court · 1872
- Haigh v. United States Building, Land & Loan Ass'nWest Virginia Supreme Court · 1882
- Hillsborough v. DeeringSuperior Court of New Hampshire · 1827
- Holbrook v. ArmstrongSupreme Judicial Court of Maine · 1833
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