French v. Judkins

Massachusetts Supreme Judicial Court

French v. Judkins

7 Mass. 229

CourtMassachusetts Supreme Judicial Court

DecidedNovember 15, 1810

StatusPublished

Cited by1 cases

This text of 7 Mass. 229 (French v. Judkins) 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

French v. Judkins, 7 Mass. 229 (Mass. 1810).

Pincite

Opinion

By the Court.

The only question, since the bar is clearly insufficient, is whether the Court of Common Pleas for this county is ousted of its jurisdiction in this case. We are satisfied it is not. Had the action been by a party to the original suit, perhaps it would have been local. But of this we give no opinion. Here, however, a stranger to that suit complains of an injury. The action is, doubtless, transitory; for the plaintiff cannot be presumed to know whether the goods were taken under color of office or not.

Plea in bar adjudged bad.

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By the Court.

The only question, since the bar is clearly insufficient, is whether the Court of Common Pleas for this county is ousted of its jurisdiction in this case. We are satisfied it is not. Had the action been by a party to the original suit, perhaps it would have been local. But of this we give no opinion. Here, however, a stranger to that suit complains of an injury. The action is, doubtless, transitory; for the plaintiff cannot be presumed to know whether the goods were taken under color of office or not.

Plea in bar adjudged bad.

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Bluebook (online)

7 Mass. 229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/french-v-judkins-mass-1810.

Opinion

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