Dickenson v. Davis

Massachusetts Supreme Judicial Court

Dickenson v. Davis

4 Mass. 520

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1808

StatusPublished

This text of 4 Mass. 520 (Dickenson v. Davis) 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

Dickenson v. Davis, 4 Mass. 520 (Mass. 1808).

Pincite

Opinion

The Court

refused to grant the petition, because they had no authority in this case. When a review is grantable, the cause must be triable on a review ; it must therefore be commenced by writ, containing a declaration, to which a plea may be pleaded, and an issue joined and tried. The origin of the judgment complained of in this case was not by writ, but by a general rule of reference before a justice, containing no demand alleged with sufficient certainty to admit of a plea and of a trial at law upon an issue that could e regularly joined.

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The Court

refused to grant the petition, because they had no authority in this case. When a review is grantable, the cause must be triable on a review ; it must therefore be commenced by writ, containing a declaration, to which a plea may be pleaded, and an issue joined and tried. The origin of the judgment complained of in this case was not by writ, but by a general rule of reference before a justice, containing no demand alleged with sufficient certainty to admit of a plea and of a trial at law upon an issue that could e regularly joined.

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Bluebook (online)

4 Mass. 520, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dickenson-v-davis-mass-1808.