Morris v. Farrington
Massachusetts Supreme Judicial Court
'Tort, under the Gen. Sts. c. 85, §§ T, 2, to recover of the defendant,’,as the owner of a certain building on Hanover Street in Boston, .in the county of Suffolk, treble the amount of a sum of money alleged to have been lost and paid by one John Morris to 'the winners thereof, by playing at cards in said building, with the knowledge or consent of the defendant, on May 21, 1881-. The writ, dated October 14, 1881, was returnable to •the Superior Court for the county of…
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'Tort, under the Gen. Sts. c. 85, §§ T, 2, to recover of the defendant,’,as the owner of a certain building on Hanover Street in Boston, .in the county of Suffolk, treble the amount of a sum of money alleged to have been lost and paid by one John Morris to 'the winners thereof, by playing at cards in said building, with the knowledge or consent of the defendant, on May 21, 1881-. The writ, dated October 14, 1881, was returnable to •the Superior Court for the county of Worcester. The answer contained -a general denial, and alleged that the action was not brought in accordance with the statute.…
1Opinion of the CourtMorton, C. J.
1. The defendant contends that this is a civil action for the .recovery of a forfeiture, which by the statute could be brought only in the county of Suffolk; that it is therefore a local action, and the Superior Court sitting for the county of Worcester had no jurisdiction. Gen. Sts. c. 123, § 8. Pub. Sts. e. 161, § 11.
But, if we can regard this as a local action, the Superior Court was not required, as matter of law, to allow the defendant’s motion to dismiss. The statutes provide that, “ when it appears on a trial that a local action has been brought in an erroneous venue, the court may of…
2Cases cited2 opinions
- Osgood v. City of LynnMassachusetts Supreme Judicial Court · 1881
- Putnam v. BondMassachusetts Supreme Judicial Court · 1869
3Cited by3 opinions
- Kizer v. WaldenIllinois Supreme Court · 1902
- Mullinax v. J.M. Brown Amusement Co.Court of Appeals of South Carolina · 1997
- Cole v. AppleburyMassachusetts Supreme Judicial Court · 1884