Tappan v. Bruen
Massachusetts Supreme Judicial Court
This was assumpsit by the plaintiff against Matthias Bruen and James Bruen, both of New York, in the county and state of New York. The writ commanded the officer to attach their goods or estate, and for want thereof to take their bodies, if they [ * 194 ] might be found in his * precinct.
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This was assumpsit by the plaintiff against Matthias Bruen and James Bruen, both of New York, in the county and state of New York. The writ commanded the officer to attach their goods or estate, and for want thereof to take their bodies, if they [ * 194 ] might be found in his * precinct. The officer returned that he had arrested the body of Matthias Bruen, and had taken bail; but James Bruen not having been resident in the state within three years, and having no property in it, he had made no further service of the writ. The plaintiff entered his action at the Court of Common Pleas, to…
1Opinion of the CourtParsons, C. J.
No exception has been taken by the appellee to the right of the plaintiff to appeal from the order of the Court below for dismissing the action. But the point has had the consideration of the Court as a matter of practice.
The appellate jurisdiction of this Court from actions determined in the Common Pleas is given by the statute of 1782, c. 11. The second section provides that any party aggrieved at the judgment of the Common Pleas upon any action, may [ * 195 ] appeal therefrom to the next Supreme Judicial Court, and no execution shall be issued by the Common Pleas upon the judgment appealed…
2Cases cited3 opinions
- Call v. HaggerMassachusetts Supreme Judicial Court · 1812
- Parker v. DanforthMassachusetts Supreme Judicial Court · 1820
- Bemis v. FaxonMassachusetts Supreme Judicial Court · 1806
3Cited by27 opinions
- McKenna v. AustinCourt of Appeals for the D.C. Circuit · 1943
- Kittredge v. LangleyNew York Court of Appeals · 1930
- Alfred J. Silberstein Inc. v. NashMassachusetts Supreme Judicial Court · 1937
- Wood v. RossMassachusetts Supreme Judicial Court · 1814
- Merriman v. BarkerIndiana Supreme Court · 1889
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