Richardson v. Welcome
Massachusetts Supreme Judicial Court
This was an action of assumpsit originally commenced and tried before Samuel Wilbur, a justice of the peace for this county, and on appeal tried before Hoar, J., in the court of common pleas.
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This was an action of assumpsit originally commenced and tried before Samuel Wilbur, a justice of the peace for this county, and on appeal tried before Hoar, J., in the court of common pleas. In the latter court, at the second term, after the case had been called for trial, and the plaintiff had commenced reading his writ, the defendant stated, that he had a motion to submit to the court to dismiss the action; and he thereupon filed his motion, but not by leave of court, while the plaintiff was reading the writ. The defendant alleged as the ground of the motion, that the justice, before whom…
1Opinion of the CourtMetcalf, J.
The facts, alleged in the defendant’s motion to dismiss this action, were proved to the satisfaction of the judge before whom the trial was had in the court of common pleas, upon appeal; and he declined to grant the motion, on the ground that it was not seasonably made, and that the defendant, by his delay, had waived the objection to the magistrate’s competency. But we are of opinion that the motion ought to have been heard, as soon as it was made, and the action dismissed, as soon as the allegations in the motion were proved.
By the Rev. Sts. c. 85, § 34, no justice of the peace shall ‘ try…
2Cited by4 opinions
- Wager v. HallSupreme Court of the United States · 1873
- Morey v. MillikenSupreme Judicial Court of Maine · 1894
- Jordan v. BeecherSupreme Court of Georgia · 1915
- In re GayDistrict Court, D. Maine · 1868