Barlow v. Leavitt

Massachusetts Supreme Judicial Court

Barlow v. Leavitt

66 Mass. 483

CourtMassachusetts Supreme Judicial Court

DecidedNovember 15, 1853

StatusPublished

This text of 66 Mass. 483 (Barlow v. Leavitt) 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.

Bluebook

Barlow v. Leavitt, 66 Mass. 483 (Mass. 1853).

Pincite

Opinion

Bigelow, J.

There is no ground for the motion to dismiss this action. The court below had jurisdiction both of the subject-matter and of the parties. The defect, if any existed, was in the misjoinder of two separate and distinct causes of action, for each of which the law prescribes different remedies. At common law, the only proper mode of taking advantage of such a defect was by a demurrer or motion in arrest of judgment. 1 Chit. Plead. 236. Under the practice act, St 1852, c. 312, §§ 17, 21, 22, it can be done only by demurrer.

Motion to dismiss overruled.

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Bigelow, J.

There is no ground for the motion to dismiss this action. The court below had jurisdiction both of the subject-matter and of the parties. The defect, if any existed, was in the misjoinder of two separate and distinct causes of action, for each of which the law prescribes different remedies. At common law, the only proper mode of taking advantage of such a defect was by a demurrer or motion in arrest of judgment. 1 Chit. Plead. 236. Under the practice act, St 1852, c. 312, §§ 17, 21, 22, it can be done only by demurrer.

Motion to dismiss overruled.

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Bluebook (online)

66 Mass. 483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barlow-v-leavitt-mass-1853.