Inhabitants of Fourth School-District v. Wood
Massachusetts Supreme Judicial Court
This was an action of the case, in which the plaintiffs, by the name ofic The Inhabitants of the Fourth School-District in the Town of Rumford in the County of Oxford,” declared upon a promise and undertaking of the defendant, to erect a schoolhouse for the use of the plaintiffs upon the defendant’s land, and to make a lease of the same land to the plaintiffs, for the consideration of $ 170, paid him by the plaintiffs.
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This was an action of the case, in which the plaintiffs, by the name ofic The Inhabitants of the Fourth School-District in the Town of Rumford in the County of Oxford,” declared upon a promise and undertaking of the defendant, to erect a schoolhouse for the use of the plaintiffs upon the defendant’s land, and to make a lease of the same land to the plaintiffs, for the consideration of $ 170, paid him by the plaintiffs. The declaration contained also a count for money had and received by the defendant to the use of the plaintiffs. The defendant pleaded in abatement, that the plaintiffs are not…
1Opinion of the Court
At this term the opinion of the Court was delivered by
Parker, C. J.
This cause has been some time before us ; there having been, at the several consultations we have had upon it, doubts upon the mind of some or other of the Court, as to the effect of the arguments submitted, in writing; the counsel on both sides having well considered and ingeniously applied the legal principles and reasoning belonging to the subject.
We are all, finally, of opinion, that the plea.in abatement is bad, and that a judgment of respondeas ouster must be entered. The objection contained in the plea is, that the…
2Cited by18 opinions
- City of Evansville v. State ex rel. BlendIndiana Supreme Court · 1889
- Beach v. LeahySupreme Court of Kansas · 1873
- Henry Atkins & Co. v. Town of RandolphSupreme Court of Vermont · 1858
- Linehan v. City of CambridgeMassachusetts Supreme Judicial Court · 1872
- People v. Reclamation Dist. No. One Hundred & EightCalifornia Supreme Court · 1879
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