Legal Opinion

Martin v. Commonwealth

Massachusetts Supreme Judicial Court

Decided March 15, 1805PublishedCited by 19 opinions

This w’as a writ of error upon a judgment of the inferior Court of Common Pleas rendered in this county, in the year 1781. The record of the judgment was certified to be as follows, viz.: “ Suffolk, ss.

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This w’as a writ of error upon a judgment of the inferior Court of Common Pleas rendered in this county, in the year 1781. The record of the judgment was certified to be as follows, viz.: “ Suffolk, ss. At the inferior Court of Common Pleas holden at Boston, within and for the county of Suffolk, on the first Tuesday of October, in the year of our Lord one thousand seven hundred and eighty-one, Robert Treat Paine, Esq., Attorney-General for the commonwealth of Massachusetts, and in their behalf, complains of William Martin, late of Boston, in the county of Suffolk, Esq., and Anna Martin, his…

1Opinion of the CourtDana, C. J.

The question is, whether the plea in abatement now offered can be received.

Thacher, J.

I am clearly of opinion that it cannot.

Sewall, J.

I am of the same opinion ; because it is after a plea in bar offered and filed by the Attorney-General.

Sedgwick, J.

In this case, the Attorney-General appeared in behalf of the state at Feb. term, 1802, since which there have been many general imparlances, each of which admitted the personal ability of the plaintiff in error; and I have no doubt that it is now too late to deny it. To have preserved the right of making this objection to the capacity of the…

2Cited by19 opinions

  1. Blankenburg v. CommonwealthMassachusetts Supreme Judicial Court · 1927
  2. Hendrick v. WhittemoreMassachusetts Supreme Judicial Court · 1870
  3. Williams v. BallTexas Supreme Court · 1879
  4. Perkins v. BangsMassachusetts Supreme Judicial Court · 1910
  5. Hodge v. StateSupreme Court of Florida · 1892

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