Burnham v. Webster
Massachusetts Supreme Judicial Court
The defendant was attached to answer to the plaintiff, one of the fish-wardens of the town of Scarborough, in this county, who sues as well for himself as for the poor of the said town, “ in a plea of debt, for that said * Joseph, at said Scar- [ * 267 J borough, on the first day of July last past, and on three other days and times between that day and the last day of said July, at the mouth of Little River, and in the sea, near the shore comprehended within the eastern and…
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The defendant was attached to answer to the plaintiff, one of the fish-wardens of the town of Scarborough, in this county, who sues as well for himself as for the poor of the said town, “ in a plea of debt, for that said * Joseph, at said Scar- [ * 267 J borough, on the first day of July last past, and on three other days and times between that day and the last day of said July, at the mouth of Little River, and in the sea, near the shore comprehended within the eastern and western boundary lines of said town of Scarborough, did, by means and use of a certain seine or drag-net, take and catch…
1Opinion of the Court
The cause stood continued upon this motion to the present term; and now King, of counsel for the defendant, enforced the causes of arresting the judgment, and was answered by Mellen for the plaintiff, after which the opinion of the Court was delivered by
Parsons, C. J.
As to the first objection, the defendant was not obliged, after pleading this plea in abatement, to answer further, without a judgment of respondeas ouster. But without any such judgment, he voluntarily pleaded to the action, and on demurrer to his plea, he prayed judgment in chief, and it was rendered for him. This we are…
2Cases cited3 opinions
- Nickerson v. BrackettMassachusetts Supreme Judicial Court · 1813
- Hill v. DavisMassachusetts Supreme Judicial Court · 1808
- Boutelle v. NourseMassachusetts Supreme Judicial Court · 1808
3Cited by41 opinions
- Magner v. PeopleIllinois Supreme Court · 1881
- People Ex Rel. Lee v. Board of SupervisorsNew York Court of Appeals · 1870
- Commonwealth v. HiltonMassachusetts Supreme Judicial Court · 1899
- Unity v. BurrageSupreme Court of the United States · 1881
- Commonwealth v. AlgerMassachusetts Supreme Judicial Court · 1851
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