Allin v. Connecticut River Lumber Co.
Massachusetts Supreme Judicial Court
Action of tort, begun by the trustee process in the Superior Court in the county of Suffolk. The writ, which was dated May 12, 1888, described the alleged trustee as “ having a usual place, of business in Boston ” in that county.
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Action of tort, begun by the trustee process in the Superior Court in the county of Suffolk. The writ, which was dated May 12, 1888, described the alleged trustee as “ having a usual place, of business in Boston ” in that county. The declaration alleged that the defendant forcibly entered the plaintiff’s close, situated in the town of Maidstone in the county of Essex in the State of Vermont, near the Connecticut River, and deposited thereon large quantities of logs, timber, and undressed lumber, and broke down and removed trees standing thereon, and dug up and carried away the soil, to the…
1Opinion of the CourtW. Allen, J.
It is not denied that trespass quare clausum fregit is a local action, and that at common law the courts of this Commonwealth have no jurisdiction of trespass upon land in another State or country. The objection is not that an action of which the court has jurisdiction is brought in the wrong county, but that the court has not jurisdiction of the cause of action. Briggs v. Nantucket Bank, 5 Mass. 94. Lawrence v. Smith, 5 Mass. 362. Rogers v. Woodbury, 15 Pick. 156. Clark v. Scudder, 6 Gray, 122. Niles v. Howe, 57 Vt. 388. Watts v. Kinney, 6 Hill, (N. Y.) 82.
It is contended that the courts of…
2Cases cited4 opinions
- Wilder v. BaileyMassachusetts Supreme Judicial Court · 1807
- Lawrence v. SmithMassachusetts Supreme Judicial Court · 1809
- Briggs v. President of the Nantucket BankMassachusetts Supreme Judicial Court · 1809
- Niles v. HoweSupreme Court of Vermont · 1885
3Cited by26 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Woolf v. McGaughSupreme Court of Alabama · 1911
- Ellenwood v. Marietta Chair Co.Supreme Court of the United States · 1895
- White v. E. T. Slattery Co.Massachusetts Supreme Judicial Court · 1920
- Hey v. PrimeMassachusetts Supreme Judicial Court · 1908
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