Massachusetts Supreme Judicial Court, 1814

Parkinson v. Wentworth

Massachusetts Supreme Judicial Court · Decided March 15, 1814

11 Mass. 26

Cases that cite this one

5 later published cases cite this decision.

Manaka v. Monterey Sardine Industries, Inc. (United States District Court for the Northern District of California 1942)
Janusis v. Long (Mass. 1933)
Dwyer v. Wiese (Iowa 1922)
Sparks v. Dispatch Transfer Co. (Mo. 1891)
Devendorf v. West Virginia Oil & Oil Land Co. (W. Va. 1880)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

By the Court.

The plea is certainly bad in point of form. It should have concluded by praying judgment that the plaintiff be barred of his action until, &c. (a) The plea ought also to have averred, either that the plaintiff was alien born, and here without protection or safe conduct from the United States, or, if not an alien born, that he was resident with the enemies of the United States.

* Since, however, the point is of a public nature, the [ * 27 ] defendant may plead anew, paying costs of the action to this time.

If a neutral become an enemy pending the suit, this should be pleaded in abatement, as it only suspends the action. — 1 Chitty, 514, 7th ed. — 3 Chitty, 911. — 15 East, 260. — Harmer vs. Kingston, 3 Camp. 153. — Levine vs. Taylor, 12 Mass. Rep. 8. — Hutchinson vs. Brock, post, 119. — Langdon § Al. vs. Potter, post, 113. — It seems the plea in many cases may be either in bar or in abatement. — 1 Chitty, 481 514.—3 Chitty, 911, 7th ed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.