Davis v. Alden

Massachusetts Supreme Judicial Court

Davis v. Alden

66 Mass. 323

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1853

StatusPublished

This text of 66 Mass. 323 (Davis v. Alden) 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

Davis v. Alden, 66 Mass. 323 (Mass. 1853).

Pincite

Opinion

By the Court.

In a summary proceeding under that clause of the Rev. Sts. c. 104, which is the landlord and tenant act, the respondent pleads that “ he is not in possession of the described premises,” and to this the complainant demurs. We are of opinion that the plea was bad. It did not amount to a plea of non-tenure at the time the complaint was filed and notice served, nor to a disclaimer. It was not a plea of the general issue, and did not answer the complaint.

Demurrer sustained; judgment for the complainant.

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

By the Court.

In a summary proceeding under that clause of the Rev. Sts. c. 104, which is the landlord and tenant act, the respondent pleads that “ he is not in possession of the described premises,” and to this the complainant demurs. We are of opinion that the plea was bad. It did not amount to a plea of non-tenure at the time the complaint was filed and notice served, nor to a disclaimer. It was not a plea of the general issue, and did not answer the complaint.

Demurrer sustained; judgment for the complainant.

Cite This Page — Counsel Stack

Bluebook (online)

66 Mass. 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-alden-mass-1853.