Pitman v. Tremont Nail Co.
Massachusetts Supreme Judicial Court
Contract, by writ returnable before the police court of Fall River, in the county of Bristol, in favor of an inhabitant of that county, against “ a corporation created by law, of Wareham, in the county of Plymouth.” The officer’s return upon the writ was as follows : “ Plymouth, ss.
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Contract, by writ returnable before the police court of Fall River, in the county of Bristol, in favor of an inhabitant of that county, against “ a corporation created by law, of Wareham, in the county of Plymouth.” The officer’s return upon the writ was as follows : “ Plymouth, ss. October 12th 1860. By virtue of this writ, I this day at seven o’clock A. M. attached a chip as the property of the within named defendants, and afterwards on the same day I summoned the said defendants to appear and answer at court, as within directed, by giving a summons in hand to Joshua B. Tobey, he being…
1Opinion of the CourtBigelow, C. J.
We are of opinion that the police court oi the city of Fall River could not properly take cognizance of this case, and that the motion to dismiss the action, which was duly *532made before that court, should have been allowed. Under Gen. Sts. c. 116, § 10, police courts can exercise no greater powers in their respective counties than justices of the peace. By Gen. Sts. c. 120, defining the jurisdiction and authority of justices of the peace, it is enacted in §§ 6 and 7 that no writ other than a trustee process, issued by a justice of the peace, shall run into any other county than that in which…
2Cited by1 opinion
- Carleton v. Lombard, Ayres & Co.New York Supreme Court · 1893