Cook v. Berth
Massachusetts Supreme Judicial Court
Action under the Gen. Sts. c. 137, for possession of land in Blackstone. Writ dated June 12, 1867. Trial in the superior court, before Reed, J., who allowed the following bill of exceptions: “ The defendant had been, prior to June 1, 1867, tenant at will of the premises under Lyman Emerson, the owner; on that day Emerson made a lease, for a term of one year, of the premises to the plaintiff; and it was under this lease the plaintiff claimed.
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Action under the Gen. Sts. c. 137, for possession of land in Blackstone. Writ dated June 12, 1867. Trial in the superior court, before Reed, J., who allowed the following bill of exceptions: “ The defendant had been, prior to June 1, 1867, tenant at will of the premises under Lyman Emerson, the owner; on that day Emerson made a lease, for a term of one year, of the premises to the plaintiff; and it was under this lease the plaintiff claimed. This action was originally brought before Willard Wilson, a justice of the peace, and came to this court by appeal from his decision. Upon the trial in…
1Opinion of the CourtGray, J.
The bill of exceptions does not require or authorize this court to pass upon the propriety or impropriety of the conduct of the magistrate before whom this action was commenced, but. presents the single question whether he had jurisdiction of the case. His jurisdiction is sought to be impeached upon the ground that he had such an interest in the case as to be disqualified from acting therein as a judge. But the evidence reported falls short of proving any such ground of impeachment. It only shows that some days before the commencement of this action he had drawn a lease from Emerson, the…
2Cases cited1 opinion
- McGregor v. CraneMassachusetts Supreme Judicial Court · 1868
3Cited by3 opinions
- The RichmondU.S. Circuit Court for the District of Eastern Louisiana · 1881
- Davis v. SeawardNew York Supreme Court · 1914
- Osgood v. ThorneSupreme Court of New Hampshire · 1885