Eager v. Commonwealth
Massachusetts Supreme Judicial Court
This was a writ of error brought in the county of Worcester, to reverse a judgment of confiscation of the inferior Court of Common Pleas of that county, in December, 1780, rendered upon a certain complaint, " wherein the commonwealth of Massachusetts, by Levi Lincoln, Esquire, specially appointed by Robert Treat Paine, Esquire, then attorney-general, for that purpose, was prosecutor and plaintiff against * Michael Martin, late of [*183] Northborough, in said county of…
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This was a writ of error brought in the county of Worcester, to reverse a judgment of confiscation of the inferior Court of Common Pleas of that county, in December, 1780, rendered upon a certain complaint, " wherein the commonwealth of Massachusetts, by Levi Lincoln, Esquire, specially appointed by Robert Treat Paine, Esquire, then attorney-general, for that purpose, was prosecutor and plaintiff against * Michael Martin, late of [*183] Northborough, in said county of Worcester, gentleman, and Zilpher, his wife, in which said complaint, it was, among other things, alleged that the said…
1Opinion of the Court
The opinion of the Court was afterwards given by
Parsons, C. J.
Error to reverse a judgment in favor of the commonwealth, vesting, by way of escheat, certain lands claimed by the plaintiff’s wife, as heir to Michael Martin and his wife, against whom the judgment was rendered in December, 1780.
The commonwealth pleads, in bar of the writ, the statute of 1805, c. 35, limiting the bringing of writs of error to the term of twenty years from the rendition of the judgment.
The plaintiffs in error, to bring themselves within the proviso of the statute, reply that the wife’s right first accrued *when she…
2Cited by29 opinions
- McDonald v. HoveySupreme Court of the United States · 1884
- Dugan v. GittingsCourt of Appeals of Maryland · 1845
- Blackwell's Adm'r v. BraggSupreme Court of Virginia · 1884
- Scott v. HaddockSupreme Court of Georgia · 1852
- Jones v. LemonWest Virginia Supreme Court · 1885
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