Cross v. Cross

Massachusetts Supreme Judicial Court

Cross v. Cross

48 Mass. 211

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1843

StatusPublished

This text of 48 Mass. 211 (Cross v. Cross) 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

Cross v. Cross, 48 Mass. 211 (Mass. 1843).

Pincite

Opinion

Shaw, C. J.

We have already had occasion to decide, on the present circuit, (Sabine v. Strong, 6 Met. 270,) that the appeal to this court, from commissioners of insolvency, on a demand over $300, is not taken away by St. 1840, c. 87, and that the court of common pleas has no jurisdiction of such case; and we are of opinion, for the reasons there given, that this case is precisely within the principle of that decision. But as this depended upon the construction of a new statute of great practical importance, of which, when this appeal was dismissed, there had been no judicial construction, we are of opinion that eave to enter the appeal ought now to be given.

Petition granted.

Free access — add to your briefcase to read the full text and ask questions with AI

Shaw, C. J.

We have already had occasion to decide, on the present circuit, (Sabine v. Strong, 6 Met. 270,) that the appeal to this court, from commissioners of insolvency, on a demand over $300, is not taken away by St. 1840, c. 87, and that the court of common pleas has no jurisdiction of such case; and we are of opinion, for the reasons there given, that this case is precisely within the principle of that decision. But as this depended upon the construction of a new statute of great practical importance, of which, when this appeal was dismissed, there had been no judicial construction, we are of opinion that eave to enter the appeal ought now to be given.

Petition granted.

Cite This Page — Counsel Stack

Bluebook (online)

48 Mass. 211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cross-v-cross-mass-1843.