Provident Institution for Savings v. Burnham
Massachusetts Supreme Judicial Court
Writ or entry, dated December 10, 1878, to recover a par eel of land in Boston, with an ad damnum of §12,000. The demandant, in its declaration, alleged that, “ being seised of said premises in fee within twenty years now last past, it ought to be in quiet possession thereof, but the said tenant hath since unlawfully entered and holds the demandant out.” Plea, nul disseisin. No replication or joinder of issue was filed.
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Writ or entry, dated December 10, 1878, to recover a par eel of land in Boston, with an ad damnum of §12,000. The demandant, in its declaration, alleged that, “ being seised of said premises in fee within twenty years now last past, it ought to be in quiet possession thereof, but the said tenant hath since unlawfully entered and holds the demandant out.” Plea, nul disseisin. No replication or joinder of issue was filed. The Superior Court, at April term 1879, came in on April 1, and on May 9, when this case was called for trial, had actually been in session twenty-eight days, and the same…
1Opinion of the CourtGray, C. J.
1. By the St. of 1873, c. 44, it is enacted that “no person shall serve as a traverse juror in the county of Suffolk more than thirty days at any one term of court, unless for the purpose of finishing a case commenced within that time.” The “ thirty days ” here intended are manifestly days on which the court is in session, and on which jurors may be called upon to serve. Upon the facts stated in the bill of exceptions, therefore, the challenge to the array set forth no legal ground of objection to the jury, and the tenant suffered no prejudice by the summary and informal manner in which it…
2Cases cited2 opinions
- Proprietors of Locks & Canals on Merrimack River v. Nashua & Lowell RailroadMassachusetts Supreme Judicial Court · 1870
- Williamsburg City Fire Insurance v. FrothinghamMassachusetts Supreme Judicial Court · 1877
3Cited by6 opinions
- Commonwealth v. WeloskyMassachusetts Supreme Judicial Court · 1931
- Thayer v. ShoreyMassachusetts Supreme Judicial Court · 1934
- Commonwealth v. ShermanMassachusetts Supreme Judicial Court · 1936
- Stauffer v. KochMassachusetts Supreme Judicial Court · 1917
- Pettingell v. BoyntonMassachusetts Supreme Judicial Court · 1885
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