Holbrook v. Pratt

Daniel Holbrook versus James Pratt

Holbrook v. Pratt, 1 Mass. 73 (1804)

Court: Massachusetts Supreme Judicial Court · State Highest Courts
Decided: October 15, 1804
Citations: 1 Mass. 73

Cited by 0

Headnotes

Quod cum in trespass bad on general demurrer. No amendment after joinder in demurer. Qu.

Summary

This was an action of trespass. The defendant was attached to answer to D. H., of W., in the county of W., and state of Connecticut; for that whereas the defendant at R., in said county, &c. * The defendant demurred generally; and the plaintiff joined in demurrer. Two exceptions were taken to the declaration: 1. that there is no positive averment of a trespass committed, but that it is laid by way of recital only, under a quod cum; 2. that there is a want of venue; the trespass, if any, is laid in Connecticut; “ in said county ” must refer to the last antecedent, which is the county of W., in Connecticut.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

The Court (Dana, C. J., Strong, and Thacker, justices) gave no opinion as to the second exception; but they held the first to be fatal. (1) The counsel for the plaintiff moved to amend; refused; being after joinder in demurrer. (2)

Declaration quashed.

See post, p. 104, Walker & Al. vs. Maxwell, where an amendment of a plea was allowed after joinder in demurrer.

.It has since been unanimously decided, and the opinion of the Court elaborately given by Parsons, C. J., that quod cum is bad in trespass only upon special demurrer; post, vol. ii. 358, Coffin vs. Coffin.

See post, vol. ii. 82, Perkins vs. Burbank, where the Court seemed to restrict the rule that amendments and repleaders should not be granted, after joinder in demurrer, to cases where the proposed amendment went to the merits of the action

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 0 cases

No case in this database cites this case.

Authorities cited 0

No citations to other opinions in this database were found.

`/`	Focus the search box
`j` `k`	Next / previous result
`Enter`	Open the selected result
`x`	Add / remove the selected result from the download list
`n` `p`	Next / previous search term in a case
`c`	Copy the citation of the current case
`+` `−`	Larger / smaller reading text
`?`	Show this list