Dwyer v. Brannon
This text of 6 Mass. 330 (Dwyer v. Brannon) 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
If the plea is a good answer to the plaintiff’s writ, the defendants’ evidence is without doubt competent to maintain the issue on their part. But whether the plea be good or bad, is not now to be questioned on a motion for a new trial. The objection is on record, and the plaintiff must seek her remedy by error, if the plea is bad.
Neither on this motion can the defendants’ objection to the recognizance be heard. It is on the record, and, if aggrieved, they have another remedy.
* The verdict cannot be set aside ; but the defend- [ * 331 J ants may enter their judgment on it.
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6 Mass. 330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dwyer-v-brannon-mass-1810.