Merrill v. Bullock
Massachusetts Supreme Judicial Court
The first CASE was an action brought in the superior court by writ dated November 19,1869, and entitled “ the complaint of Henry N. Merrill, as administrator of the estate of Benjamin Dow,” for that the defendant on the date of the writ was in possession of land with a dwelling-house thereon, in Haverhill, “ which he holds unlawfully and against the right of the said plaintiff, to the damage of the said plaintiff, as he says, the sum of five hundred dollars.”
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The first CASE was an action brought in the superior court by writ dated November 19,1869, and entitled “ the complaint of Henry N. Merrill, as administrator of the estate of Benjamin Dow,” for that the defendant on the date of the writ was in possession of land with a dwelling-house thereon, in Haverhill, “ which he holds unlawfully and against the right of the said plaintiff, to the damage of the said plaintiff, as he says, the sum of five hundred dollars.” The case was stated by the parties as follows for the judgment of the superior court: “ The pleadings may be referred to, but all…
1Opinion of the CourtChapman, C. J.
This action has been dismissed by the superior court for want of jurisdiction. As a complaint under the Gen. Sts. c. 137, that court would not have jurisdiction of the proceeding; but it was submitted upon an agreed statement of facts, and- all questions as to the sufficiency and accuracy of the pleadings are expressly waived by the parties. The question is thus presented whether the action could be maintained under any form of pleading. Esty v. Currier, 98 Mass. 500. Folger v. Columbian Insurance Co. 99 Mass. 267.
In Fay v. Taft, 12 Cush. 448, which was a writ of entry, it appeared that the…
2Cases cited9 opinions
- Folger v. Columbian InsuranceMassachusetts Supreme Judicial Court · 1868
- Barber v. RootMassachusetts Supreme Judicial Court · 1813
- Smith v. StewartNew York Supreme Court · 1810
- Dunn v. SargentMassachusetts Supreme Judicial Court · 1869
- Keay v. GoodwinMassachusetts Supreme Judicial Court · 1819
4 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Benton v. WilliamsMassachusetts Supreme Judicial Court · 1909
- Central Mills Co. v. HartMassachusetts Supreme Judicial Court · 1878
- Kirchgassner v. RodickMassachusetts Supreme Judicial Court · 1898
- Lowell Housing Authority v. Save-Mor Furniture Stores, Inc.Massachusetts Supreme Judicial Court · 1963
- Hodgkins v. PriceMassachusetts Supreme Judicial Court · 1884
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