Whiting v. Johnson

Massachusetts Supreme Judicial Court

Whiting v. Johnson

72 Mass. 246

CourtMassachusetts Supreme Judicial Court

DecidedMarch 15, 1856

StatusPublished

This text of 72 Mass. 246 (Whiting v. Johnson) 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

Whiting v. Johnson, 72 Mass. 246 (Mass. 1856).

Pincite

Opinion

Thomas, J.

The declaration was not a good declaration tor a malicious prosecution; because it avers the institution of a suit in a court which had no jurisdiction. Bixby v. Brundige, 2 Gray, 129. And, though it is not easy, at first, to discern the precise object of the declaration, a closer examination reveals a suostantial declaration in trespass, with a running commentary of aggravation greatly exceeding the text. ' Exceptions overruled.

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Thomas, J.

The declaration was not a good declaration tor a malicious prosecution; because it avers the institution of a suit in a court which had no jurisdiction. Bixby v. Brundige, 2 Gray, 129. And, though it is not easy, at first, to discern the precise object of the declaration, a closer examination reveals a suostantial declaration in trespass, with a running commentary of aggravation greatly exceeding the text. ' Exceptions overruled.

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Bluebook (online)

72 Mass. 246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whiting-v-johnson-mass-1856.