Little v. Holdin

Massachusetts Supreme Judicial Court

Little v. Holdin

1 Super. Ct. Jud. 338

CourtMassachusetts Supreme Judicial Court

DecidedApril 15, 1772

StatusPublished

This text of 1 Super. Ct. Jud. 338 (Little v. Holdin) 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

Little v. Holdin, 1 Super. Ct. Jud. 338 (Mass. 1772).

Pincite

Opinion

LITTLE, had Judgment on a Verdict below, and Holdin appeals, and entered his Appeal, and the Cause was continued one Term, &c.

Now, the Action called, Holdin failed to appear and prosecute. And thereupon Little files his Complaint, agreeable to the Prov. Stat. 13 W. 3, c. 3, and had Judgment as the said Statute directs.

Note. The Prov. Stat. 11 W. 3, c. 3,

(1) gives this Court Cognizance of all Actions brought by Appeal, &c., which gives some Colour to sup[339]*339pose that the Appeal being entered, the Appellee (having the Copies) might on Motion prove his Demand and have Judgment for his Damage and Cost, or as the Case may require, he still continuing Plaintiff quoad the Trial; but the Law seems to consider the Appellant as Plaintiff or Act;or, quoad the Support of the Suit; then he, being called, does not appear,— the Suit which he supported falls of Course, and is discontinued, or the Appellant is become nonsuit; and though perhaps the Appellee might thereupon have his Colls at that Court, yet Judgment for his Damages could not be supported; wherefore came ye 13 W. 3, c. 3, (2) which seems the only Way for the Appellee to proceed in such Cases against; the Appellant.

1772.

Anc. Chart. 330.

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LITTLE, had Judgment on a Verdict below, and Holdin appeals, and entered his Appeal, and the Cause was continued one Term, &c.

Now, the Action called, Holdin failed to appear and prosecute. And thereupon Little files his Complaint, agreeable to the Prov. Stat. 13 W. 3, c. 3, and had Judgment as the said Statute directs.

Note. The Prov. Stat. 11 W. 3, c. 3,

(1) gives this Court Cognizance of all Actions brought by Appeal, &c., which gives some Colour to sup[339]*339pose that the Appeal being entered, the Appellee (having the Copies) might on Motion prove his Demand and have Judgment for his Damage and Cost, or as the Case may require, he still continuing Plaintiff quoad the Trial; but the Law seems to consider the Appellant as Plaintiff or Act;or, quoad the Support of the Suit; then he, being called, does not appear,— the Suit which he supported falls of Course, and is discontinued, or the Appellant is become nonsuit; and though perhaps the Appellee might thereupon have his Colls at that Court, yet Judgment for his Damages could not be supported; wherefore came ye 13 W. 3, c. 3, (2) which seems the only Way for the Appellee to proceed in such Cases against; the Appellant.

1772.

Anc. Chart. 330.

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Bluebook (online)

1 Super. Ct. Jud. 338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/little-v-holdin-mass-1772.