Baker v. Baker
This text of 54 Mass. 125 (Baker v. Baker) 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.
Opinion
In trespass de bonis asportatis, an averment of the value of the articles carried away is not a material averment. The omission of it is a defect of form, which can be taken advantage of by special demurrer only. The defect is cured by pleading in chief and by the verdict. Com. Dig. Pleader, 3 M. 1, 8. Newcomb v. Ramer, 2 Johns. 421, note. Usher v. Bushell, 1 Sid. 39.
The case of Hope v. Commonwealth, 9 Met. 134, which was an indictment for larceny, where the value is material both to the jurisdiction and the judgment, bears no analogy to the present case. Proceedings in criminal cases are governed by different rules.
The defect of form in the declaration afforded no ground of exception to the admission of the evidence.
Exceptions overruled.
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
54 Mass. 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-baker-mass-1847.