Stockbridge Iron Co. v. Cone Iron Works
Massachusetts Supreme Judicial Court
Tort praying for relief in equity. Damages were laid in the sum of two hundred thousand dollars; but no certificate, under the Gen. Sts. c. 112, § 6, of any oath or affirmation of the plaintiffs, or any one in their behalf, that the damages demanded exceeded one thousand dollars in amount, was annexed to or indorsed on the writ, which was an original writ of summons and attachment.
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Tort praying for relief in equity. Damages were laid in the sum of two hundred thousand dollars; but no certificate, under the Gen. Sts. c. 112, § 6, of any oath or affirmation of the plaintiffs, or any one in their behalf, that the damages demanded exceeded one thousand dollars in amount, was annexed to or indorsed on the writ, which was an original writ of summons and attachment. Gray, J., overruled a motion to dismiss the action for want of such a certificate; and the defendants appealed.
1Opinion of the CourtWells, J.
The jurisdiction of this court is exclusive over all actions in which relief in equity is prayed for. St. 1853, c. 371. Gen. Sts. c. 113, § 1. The prayer for relief gives jurisdiction of the action, and therefore no affidavit is necessary. Its character is that of a suit in equity. Irvin v. Gregory, 13 Gray, 215. Gen. Sts. c. 113, § 3. If a prayer for relief is improperly coupled with an action at law, it may be defeated by a demurrer. Harvey v. De Witt, 13 Gray, 536. No such question 18 raised by this motion to dismiss.
Decree overruling the motion to dismiss affiimed.
2Cited by1 opinion
- Worthington v. WaringMassachusetts Supreme Judicial Court · 1892