Boynton v. Foster

Massachusetts Supreme Judicial Court

Boynton v. Foster

48 Mass. 415

CourtMassachusetts Supreme Judicial Court

DecidedMarch 15, 1844

StatusPublished

This text of 48 Mass. 415 (Boynton v. Foster) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Boynton v. Foster, 48 Mass. 415 (Mass. 1844).

Pincite

Opinion

Shaw, C. J.

It appears that this cause was rightly removed [416]*416from the court of common pleas to this court, at the first term, pursuant to St. 1840, c. 87, § 3. The court are of opinion that, after such removal, the case in the court of common pleas was coram nonjudice ; that court had no jurisdiction ; and the judgment discharging the trustee was merely void, and no writ of error was necessary to reverse it.

The trustee was bound to follow the cause, and to answer in this court; and a day must be fixed for him to answer.

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Shaw, C. J.

It appears that this cause was rightly removed [416]*416from the court of common pleas to this court, at the first term, pursuant to St. 1840, c. 87, § 3. The court are of opinion that, after such removal, the case in the court of common pleas was coram nonjudice ; that court had no jurisdiction ; and the judgment discharging the trustee was merely void, and no writ of error was necessary to reverse it.

The trustee was bound to follow the cause, and to answer in this court; and a day must be fixed for him to answer.

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Bluebook (online)

48 Mass. 415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boynton-v-foster-mass-1844.