Wood v. Ross
Massachusetts Supreme Judicial Court
This was a writ de homine replegiando, commanding the sheriff of the county of Berkshire, or either of his deputies, to cause the plaintiff to be replevied, suggesting that he was detained by th¿ duress of the defendant, an ensign in the army of the [ *272 ] United States, that the plaintiff might appear at * the Circuit Court of Common Pleas, then next to be holden, &c., to demand right and justice against the defendant for the duress and imprisonment aforesaid, &c.
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This was a writ de homine replegiando, commanding the sheriff of the county of Berkshire, or either of his deputies, to cause the plaintiff to be replevied, suggesting that he was detained by th¿ duress of the defendant, an ensign in the army of the [ *272 ] United States, that the plaintiff might appear at * the Circuit Court of Common Pleas, then next to be holden, &c., to demand right and justice against the defendant for the duress and imprisonment aforesaid, &c. The return of the writ was by a deputy sheriff of the county; and at the return term thereof the defendant moved the court that…
1Opinion of the CourtParker, C. J.
The first question to be settled in this action is, whether the Court has jurisdiction by appeal in this particular pro*252cess, it being contended, by the counsel for the defendant, that it is not within the description of cases mentioned in the act establishing the Circuit Courts of Common Pleas, respecting which the right of appeal is given to the aggrieved party. And if the appellate jurisdiction of this Court depends altogether upon that statute, it is clear that this appeal cannot be sustained; as the cases provided for are only real actions, and personal actions in which the debt or dam…
2Cases cited5 opinions
- Tappan v. BruenMassachusetts Supreme Judicial Court · 1809
- Hearsey v. BradburyMassachusetts Supreme Judicial Court · 1812
- Campbell v. StilesMassachusetts Supreme Judicial Court · 1812
- Bemis v. FaxonMassachusetts Supreme Judicial Court · 1806
- Lamphear v. LampreyMassachusetts Supreme Judicial Court · 1808
3Cited by10 opinions
- Case v. HumphreySupreme Court of Connecticut · 1826
- Bemis v. FaxonMassachusetts Supreme Judicial Court · 1806
- Converse v. Damariscotta BankSupreme Judicial Court of Maine · 1839
- Bassett v. HoworthMassachusetts Supreme Judicial Court · 1870
- State v. HallSupreme Judicial Court of Maine · 1885
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