Clifford v. Cony
Massachusetts Supreme Judicial Court
This was an action which was brought into this Court by appeal from a judgment of the Court of Common Pleas in this county, holden on the third.Tuesday of May last.
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This was an action which was brought into this Court by appeal from a judgment of the Court of Common Pleas in this county, holden on the third.Tuesday of May last. The declaration was as follows, viz.: “ Jason I). Cony, a deputy-sheriff in and for said county, was attached to answer to Joseph Clifford in a plea of debt, for that whereas one Theophilus Hamblin, by the consideration of the justices of the Supreme Judicial Court, holden at Augusta, within and for the said county of Kennebeck, on the first Tuesday of June, in the year of our Lord one thousand eight hundred and four, recovered…
1Opinion of the CourtThacher, J.
The plea does not, in my opinion, show that the former action was pending; it is therefore insufficient.
A special demürrer was * not necessary; I have never [ * 502 ] known one to a plea in abatement.
Sewall, J.
I am not satisfied that the first objection ought to avail; because I am inclined to think that it does appear by the plea that the former action was pending. But as there is no reference to the record, and as the party has a right of replying to such record, which he cannot do in this case for want of such reference *374in the plea, I am also of opinion that it is bad; and whether the…
2Cited by10 opinions
- State v. HamlinSupreme Court of Connecticut · 1879
- Commonwealth v. ChurchillMassachusetts Supreme Judicial Court · 1809
- Archer v. WardSupreme Court of Virginia · 1853
- Ansly v. MockSupreme Court of Alabama · 1845
- Bennett v. ChaseSuperior Court of New Hampshire · 1850
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