Bartol v. Stanwood

Massachusetts Supreme Judicial Court

Bartol v. Stanwood

61 Mass. 115

CourtMassachusetts Supreme Judicial Court

DecidedMarch 15, 1851

StatusPublished

This text of 61 Mass. 115 (Bartol v. Stanwood) 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

Bartol v. Stanwood, 61 Mass. 115 (Mass. 1851).

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Opinion

By the Court.

It is apparent, on looking at the record in this case, that the trial was of an issue joined on a plea in abatement. It appears quite manifest, from the terms of the statute of 1840, c. 87, §§ 4,5, that, from the provisions allowing exceptions in matters of law, and appeals, where there is any error on the face of the record, judgments on pleas in abatement are expressly excepted. This point is determined by previous decisions. Browning v. Bancroft, 5 Met. 88; Sawyer v. Pratt, 9 Met. 170.

Exceptions dismissed.

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By the Court.

It is apparent, on looking at the record in this case, that the trial was of an issue joined on a plea in abatement. It appears quite manifest, from the terms of the statute of 1840, c. 87, §§ 4,5, that, from the provisions allowing exceptions in matters of law, and appeals, where there is any error on the face of the record, judgments on pleas in abatement are expressly excepted. This point is determined by previous decisions. Browning v. Bancroft, 5 Met. 88; Sawyer v. Pratt, 9 Met. 170.

Exceptions dismissed.

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Bluebook (online)

61 Mass. 115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bartol-v-stanwood-mass-1851.