Valier v. Hart

Massachusetts Supreme Judicial Court

Valier v. Hart

11 Mass. 300

CourtMassachusetts Supreme Judicial Court

DecidedSeptember 15, 1814

StatusPublished

This text of 11 Mass. 300 (Valier v. Hart) 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

Valier v. Hart, 11 Mass. 300 (Mass. 1814).

Pincite

Opinion

By the Court.

The very minority of the party, which is assigned

for error in this case, and which is not denied, disabled him from appealing. The decision in the case cited in support of the motion is very guarded, limiting it to cases where the party may appeal ; and the Court explicitly state their opinion, that the statute, in giving an appeal, has not taken away the remedy by error, in cases [275]*275where the aggrieved party, without any loches on his part, cannot avail himself of an appeal, which it is very clear an infant cannot.

Hubbard for the plaintiffs in error.

Motion overruled.

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By the Court.

The very minority of the party, which is assigned

for error in this case, and which is not denied, disabled him from appealing. The decision in the case cited in support of the motion is very guarded, limiting it to cases where the party may appeal ; and the Court explicitly state their opinion, that the statute, in giving an appeal, has not taken away the remedy by error, in cases [275]*275where the aggrieved party, without any loches on his part, cannot avail himself of an appeal, which it is very clear an infant cannot.

Hubbard for the plaintiffs in error.

Motion overruled.

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Bluebook (online)

11 Mass. 300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/valier-v-hart-mass-1814.

Opinion

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