Ellsworth v. Thayer

Massachusetts Supreme Judicial Court

Ellsworth v. Thayer

21 Mass. 122

CourtMassachusetts Supreme Judicial Court

DecidedOctober 9, 1826

StatusPublished

This text of 21 Mass. 122 (Ellsworth v. Thayer) 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

Ellsworth v. Thayer, 21 Mass. 122 (Mass. 1826).

Pincite

Opinion

Per Curiam.

The allegations m the replication appear by the record not to be truefor the action was commenced before the commissioners made a report, and before the notice [128]*128was given. It is argued that as the action was brought after the claims were rejected, it is sufficient. But that fact is not shown by the record. It should appear that the rejection was before the 10th of August, when the writ was sued out. The time however when these claims were rejected does not appear, and no action could be legally brought until they had been rejected.

Replication adjudged bad.

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Per Curiam.

The allegations m the replication appear by the record not to be truefor the action was commenced before the commissioners made a report, and before the notice [128]*128was given. It is argued that as the action was brought after the claims were rejected, it is sufficient. But that fact is not shown by the record. It should appear that the rejection was before the 10th of August, when the writ was sued out. The time however when these claims were rejected does not appear, and no action could be legally brought until they had been rejected.

Replication adjudged bad.

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Bluebook (online)

21 Mass. 122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellsworth-v-thayer-mass-1826.