Davis v. Alden

Decided October 15, 1853

Massachusetts Supreme Judicial Court · decided 1853-10-15

This was a complaint under Rev. Sts. c. 104, in the form prescribed by section 4, returnable before the police court of New Bedford, where the respondent pleaded orally, and on appeal to the court of common pleas, pleaded the following defence : “ And the said Alden says that he is not in possession of the premises in said complaint described and demanded.” The complainant demurred to the plea, because it was bad and insufficient in law.

Decided 1853-10-15

By the Court.

¶1In a summary proceeding under that clause of the Rev. Sts. c. 104, which is the landlord and tenant act, the respondent pleads that “ he is not in possession of the described premises,” and to this the complainant demurs. We are of opinion that the plea was bad. It did not amount to a plea of non-tenure at the time the complaint was filed and notice served, nor to a disclaimer. It was not a plea of the general issue, and did not answer the complaint.

¶2Demurrer sustained; judgment for the complainant.