City of Lowell v. Merrimack Manufacturing Co.

Massachusetts Supreme Judicial Court

City of Lowell v. Merrimack Manufacturing Co.

77 Mass. 382

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1858

StatusPublished

This text of 77 Mass. 382 (City of Lowell v. Merrimack Manufacturing Co.) 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

City of Lowell v. Merrimack Manufacturing Co., 77 Mass. 382 (Mass. 1858).

Pincite

Opinion

Shaw, C. J.

The court are of opinion that this motion ought to be allowed and the statement of facts discharged. A party may become nonsuit before going to a jury. This is not exactly that case, but it is like it. If there is danger of the defendants’ losing evidence of the facts which were admitted in the statement, they can perpetuate it in the mode provided by law. Plaintiffs nonsuit, with costs for the defendants.

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Shaw, C. J.

The court are of opinion that this motion ought to be allowed and the statement of facts discharged. A party may become nonsuit before going to a jury. This is not exactly that case, but it is like it. If there is danger of the defendants’ losing evidence of the facts which were admitted in the statement, they can perpetuate it in the mode provided by law. Plaintiffs nonsuit, with costs for the defendants.

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Bluebook (online)

77 Mass. 382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-lowell-v-merrimack-manufacturing-co-mass-1858.