Whipple v. Newton
This text of 34 Mass. 168 (Whipple v. Newton) 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.
Opinion
Allowing a defendant to pay money into
court and thereupon staying all further proceedings, is a summary proceeding, in its nature equitable, and provided for the ease of the defendant ; it cannot therefore be allowed to the injury of the plaintiff. Had the defendant been allowed [169]*169thus to pay money into court, and thus to cancel and discharge the security, it would not only deprive the plaintiff of his costs in a suit rightly brought on a good cause of action, but leave him exposed to pay costs to the defendant. We think the decision of the Court of Common Pleas was right.
Exceptions overruled and the cause remitted to the Court of Common Pleas, for further proceedings.
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
34 Mass. 168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whipple-v-newton-mass-1835.