Manners v. City of Haverhill
Massachusetts Supreme Judicial Court
Tort, in three counts. The first count alleged that the defendant forcibly entered the plaintiff’s close in Haverhill, (described as bounded on the north by Merrimack Street, on the west by land of Alonzo Way, on the south by the Merrimack River, and on the east by the city landing,) “ and tore down and destroyed a certain wooden building thereon.” The second count was for the conversion of a wooden building, the property of the plaintiff.
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Tort, in three counts. The first count alleged that the defendant forcibly entered the plaintiff’s close in Haverhill, (described as bounded on the north by Merrimack Street, on the west by land of Alonzo Way, on the south by the Merrimack River, and on the east by the city landing,) “ and tore down and destroyed a certain wooden building thereon.” The second count was for the conversion of a wooden building, the property of the plaintiff. The third count was for the conversion of “ a certain lot of lumber,” the property of the plaintiff. The answer was as follows : “ And now comes the said…
1Opinion of the CourtField, J.
The declaration contains three counts. These should have been answered separately; but no objection has been taken to the answer, on the ground that it purports to answer the whole declaration, as if it contained but one cause of action. The answer contains two paragraphs. The first paragraph denies that a part of the close described in the declaration is the soil and freehold of the plaintiff, and alleges “that the same is within the limits of a town way,” which it was the duty of the defendant to keep in repair; and that “ the plaintiff had erected on said way a wooden building obstructing…
2Cases cited6 opinions
- Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Hawks v. Inhabitants of CharlemontMassachusetts Supreme Judicial Court · 1871
- Barney v. City of LowellMassachusetts Supreme Judicial Court · 1868
- Deane v. Inhabitants of RandolphMassachusetts Supreme Judicial Court · 1882
- Gordon v. City of TauntonMassachusetts Supreme Judicial Court · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Herman v. FineMassachusetts Supreme Judicial Court · 1943
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
- Johnson v. City of SomervilleMassachusetts Supreme Judicial Court · 1907
- Lawrence v. O'NeillMassachusetts Supreme Judicial Court · 1944
- Ryder v. Town of LexingtonMassachusetts Supreme Judicial Court · 1939
9 more not listed; retrieve them via the Exa API.