Curtiss v. Curtiss
Massachusetts Supreme Judicial Court
Contract on a bond, conditioned as stated by the court, given by the defendants as principal and sureties upon the removal to the Superior Court from the District Court of Southern Berkshire under St. 1888, c. 325, of a summary proceeding against the principal defendant for the possession of land under Pub.
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Contract on a bond, conditioned as stated by the court, given by the defendants as principal and sureties upon the removal to the Superior Court from the District Court of Southern Berkshire under St. 1888, c. 325, of a summary proceeding against the principal defendant for the possession of land under Pub. Sts. c. 155, § 24. Writ in the District Court of Southern Berkshire dated October 29, 1900. On appeal to the Superior Court, the case was tried before Aiken, J. Before the bringing of this action, the summary process was prosecuted by the plaintiff to final judgment in the Superior Court,…
1Opinion of the CourtHolmes, C. J.
This is an action on a bond given under St. 1888, c. 325, R. L, c. 181, § 6, upon the removal of summary proceedings for the possession of land to the Superior Court upon the ground that the title was concerned. Pub. Sts. c. 155, § 24. R. L. c. 161, § 19. The condition of the bond is to “ pay to the plaintiff, if the final judgment is in his favor, all rent then due, all intervening rent, and all damage and loss which he may sustain by reason of the withholding of the possession of the demanded premises, and by reason of any injury done thereto during such withholding, together with all costs…
2Cases cited3 opinions
- Cutter v. EvansMassachusetts Supreme Judicial Court · 1874
- Way v. LewisMassachusetts Supreme Judicial Court · 1874
- McKim v. GloverMassachusetts Supreme Judicial Court · 1897
3Cited by3 opinions
- Alexander v. McPeckMassachusetts Supreme Judicial Court · 1905
- Treasurer of City of Boston v. SchaperoMassachusetts Supreme Judicial Court · 1914
- Giatas v. DemoulosMassachusetts Supreme Judicial Court · 1930