Wightman v. Hastings

Massachusetts Supreme Judicial Court

Wightman v. Hastings

4 Mass. 244

CourtMassachusetts Supreme Judicial Court

DecidedMarch 15, 1808

StatusPublished

Cited by5 cases

This text of 4 Mass. 244 (Wightman v. Hastings) 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

Wightman v. Hastings, 4 Mass. 244 (Mass. 1808).

Pincite

Opinion

Per Curiam,

(absente Parsons, C. J.) The words of the statute are too clear to leave a doubt. It is absurd to say that the parties may by their agreement evade a positive and very wholesome pro vision of a statute. The case is clearly within the provision, and to decide otherwise would be to make law, not to explain and administer it. The plaintiff is entitled to his costs before the appeal and the defendant is entitled to his costs since the appeal.

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Per Curiam,

(absente Parsons, C. J.) The words of the statute are too clear to leave a doubt. It is absurd to say that the parties may by their agreement evade a positive and very wholesome pro vision of a statute. The case is clearly within the provision, and to decide otherwise would be to make law, not to explain and administer it. The plaintiff is entitled to his costs before the appeal and the defendant is entitled to his costs since the appeal.

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Bluebook (online)

4 Mass. 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wightman-v-hastings-mass-1808.

Opinion

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