Dole v. Wooldredge
Massachusetts Supreme Judicial Court
Bill in equity, inserted in a writ dated April 20, 1882, brought originally by Frank B. Dole, James P. Cook, Benjamin O. Cutter, and Charles A. Sinclair, against John Wooldredge alone, and containing the following allegations: 1. On or about July 15, 1878, the said Wooldredge introduced to said James P. Cook the subject of the purchase of a mine in Plaeerville in the State of California, known as the Prospect Flat mine, and spoke to him about said purchase from time to time,…
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Bill in equity, inserted in a writ dated April 20, 1882, brought originally by Frank B. Dole, James P. Cook, Benjamin O. Cutter, and Charles A. Sinclair, against John Wooldredge alone, and containing the following allegations: 1. On or about July 15, 1878, the said Wooldredge introduced to said James P. Cook the subject of the purchase of a mine in Plaeerville in the State of California, known as the Prospect Flat mine, and spoke to him about said purchase from time to time, and from time to time read to him extracts from letters purporting to be written to said Wooldredge by one J. H.…
1Opinion of the CourtC- Allen, J.
The defendant’s counsel has made an excellent argument in this case, which has received our full consideration ; *179but we have come to the conclusion that the' decision of the justice before whom the case was heard must stand.
Assuming, without deciding, that the defendant might have insisted upon a trial by jury as a matter of constitutional right, if his demand therefor had been seasonably made, we are of opinion that he waived this right. That such right may be waived is clear. Parker v. Nickerson, 187 Mass. 487, 492. The cause was at issue on October 2, 1883, and under the 28th Chancery Rule…
2Cited by22 opinions
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1895
- Parker v. SimpsonMassachusetts Supreme Judicial Court · 1902
- Commonwealth v. WatsonMassachusetts Supreme Judicial Court · 1979
- Pollard v. RogersSupreme Court of Alabama · 1937
- Commonwealth v. TaylorMassachusetts Supreme Judicial Court · 1951
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