Legal Opinion

Kiernan v. Linnehan

Massachusetts Supreme Judicial Court

Decided June 18, 1890PublishedCited by 7 opinions

Action on tlie Pub. Sts. c. 175, against John Linnehan and Bessie' Linnehan, his wife, brought in the Police Court of Chelsea to recover possession of a parcel of land in that city.

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Action on tlie Pub. Sts. c. 175, against John Linnehan and Bessie' Linnehan, his wife, brought in the Police Court of Chelsea to recover possession of a parcel of land in that city. The certificate of the proceedings in the police court, transmitted on appeal to the Superior Court, recited that judgment was rendered for the plaintiff for possession; that “neither party requested the court to remove the case to the Superior Court for civil business, and the court ordered neither party so to remove nor to give bonds ”; and that the defendant appealed. In the Superior Court, before the jury were…

1Opinion of the CourtC. Allen, J.

The court ruled that, upon the undisputed, evidence, the plaintiff was entitled to recover. Upon the facts in proof, this ruling could only rest upon one of two grounds,, either that the defendants were or.had been “lessees,” withim the meaning of the statute, or else that they unlawfully held possession of the premises by force. We must examine these two grounds in order.

1. By the Pub. Sts. c. 175, § 1, the special summary process for the recovery of land is authorized “ when the lessee of lands or tenements, or a person holding under such lessee, holds possession without right after the…

2Cases cited3 opinions

  1. Lyon v. CunninghamMassachusetts Supreme Judicial Court · 1884
  2. Lawton v. SavageMassachusetts Supreme Judicial Court · 1883
  3. Dunham v. TownsendMassachusetts Supreme Judicial Court · 1872

3Cited by7 opinions

  1. Snider v. DebanMassachusetts Supreme Judicial Court · 1924
  2. Barbell v. BrittonMassachusetts Supreme Judicial Court · 1923
  3. Corcoran v. City of BostonMassachusetts Supreme Judicial Court · 1907
  4. Trask v. FountainSupreme Court of Vermont · 1919
  5. Hart v. BoutonMassachusetts Supreme Judicial Court · 1890

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