West v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Contract for breach of an alleged agreement by the defendant to employ the plaintiff as a guard during the duration of the war. Writ dated April 6, 1918. The plaintiff was alleged in the writ to be of Vineyard Haven in the county of Dukes County, and the defendant to be a corporation having a usual place of business in Boston. The writ was returnable in the county bf Suffolk.
Read the full summary
Contract for breach of an alleged agreement by the defendant to employ the plaintiff as a guard during the duration of the war. Writ dated April 6, 1918. The plaintiff was alleged in the writ to be of Vineyard Haven in the county of Dukes County, and the defendant to be a corporation having a usual place of business in Boston. The writ was returnable in the county bf Suffolk. The defendant filed a plea in abatement reading as follows: "And now comes the defendant in the above entitled action and says that the plaintiff at the time the suit was brought was residing in Vineyard Haven in the…
1Opinion of the CourtBraley, J.
The defendant’s contentions, that the United States unless it consents cannot be impleaded in any court either federal or State, and whether the sovereignty is a party to the litigation is not determined by the nominal party shown by the record but by the effects of the judgment which can be entered, may be con*164ceded as being beyond the pale of successful contradiction. Public Service Commissioners v. New England Telephone & Telegraph Co. 232 Mass. 465. But the plea in abatement on which it relies to defeat the action recites that the plaintiff at the time the suit was brought resided in “the…
2Cases cited16 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Logan v. United StatesSupreme Court of the United States · 1892
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Brown v. PiperSupreme Court of the United States · 1875
- Jones v. United StatesSupreme Court of the United States · 1890
11 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Stankus v. New York Life InsuranceMassachusetts Supreme Judicial Court · 1942
- Nussenbaum v. Chambers & Chambers Inc.Massachusetts Supreme Judicial Court · 1948
- Lajoie v. MillikenMassachusetts Supreme Judicial Court · 1922
- Phillips v. Director General of RailroadsMassachusetts Supreme Judicial Court · 1925
- Thomas Canning Co. v. Southern Pacific Co.Michigan Supreme Court · 1922
8 more not listed; retrieve them via the Exa API.