Legal Opinion

Barrell v. Benjamin

Massachusetts Supreme Judicial Court

Decided March 15, 1819PublishedCited by 24 opinions

This was an action of assumpsit; and while on trial before the jury, the question arose whether this Court had jurisdiction of the suit. In order to have this question settled by the whole Court, the parties agreed on the following statement of facts: —

1Opinion of the CourtParker, C. J.

Upon the facts agreed in this case, the defendant’s counsel has argued against the jurisdiction of this Court, both from the nature of the contract, and the situation of the parties; and has cited some authorities in support of his argument. * Upon examining them, however, and such others as can be found bearing upon the question, it does not appear that any direct decision has been had upon this subject. Indeed, it would seem, from the entire want of "authorities in the English books, that the question has never been raised there; and the presumption is violent, that the jurisdiction of the…

2Cases cited1 opinion

  1. Walton v. McNeilU.S. Circuit Court for the District of Massachusetts · 1794

3Cited by24 opinions

  1. Burnham v. Superior Court of Cal., County of MarinSupreme Court of the United States · 1990
  2. Universal Adjustment Corp. v. Midland Bank, Ltd., of LondonMassachusetts Supreme Judicial Court · 1933
  3. Schinkel v. Maxi-Holding, Inc.Massachusetts Appeals Court · 1991
  4. Reeves v. Southern Railway Co.Supreme Court of Georgia · 1905
  5. Boody v. WatsonSupreme Court of New Hampshire · 1886

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