Hapgood v. Houghton

Massachusetts Supreme Judicial Court

Hapgood v. Houghton

25 Mass. 451

CourtMassachusetts Supreme Judicial Court

DecidedOctober 5, 1829

StatusPublished

This text of 25 Mass. 451 (Hapgood v. Houghton) 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

Hapgood v. Houghton, 25 Mass. 451 (Mass. 1829).

Pincite

Opinion

Per Curiam.

The replications to the second and fourth pleas are unquestionably good, both containing a direct denial of the principal traversable fact set forth in the pleas, and be ing in good form.

As to the protestation and the averment being contradictory or inconsistent, we know of no such ground lor sustaining a demurrer.

As to the third plea, the replication is suited to it, and the issue tendered should have been joined, instead of pleading further by a rejoinder ; in which there is a palpable departure, as well as refusal to take issue upon the traverse.

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Per Curiam.

The replications to the second and fourth pleas are unquestionably good, both containing a direct denial of the principal traversable fact set forth in the pleas, and be ing in good form.

As to the protestation and the averment being contradictory or inconsistent, we know of no such ground lor sustaining a demurrer.

As to the third plea, the replication is suited to it, and the issue tendered should have been joined, instead of pleading further by a rejoinder ; in which there is a palpable departure, as well as refusal to take issue upon the traverse.

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Bluebook (online)

25 Mass. 451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hapgood-v-houghton-mass-1829.