Dickenson v. Davis

Massachusetts Supreme Judicial Court
Dickenson v. Davis, 4 Mass. 520 (Mass. 1808)

Dickenson v. Davis

Opinion of the Court

The Court

refused to grant the petition, because they had no authority in this case. When a review is grantable, the cause must be triable on a review ; it must therefore be commenced by writ, containing a declaration, to which a plea may be pleaded, and an issue joined and tried. The origin of the judgment complained of in this case was not by writ, but by a general rule of reference before a justice, containing no demand alleged with sufficient certainty to admit of a plea and of a trial at law upon an issue that could e regularly joined.

Reference

Full Case Name
James Dickenson, for a Review, versus Peter Davis
Status
Published