Lyons v. Ward

Massachusetts Supreme Judicial Court

Lyons v. Ward

124 Mass. 364, 1878 Mass. LEXIS 323

CourtMassachusetts Supreme Judicial Court

DecidedApril 6, 1878

StatusPublished

Cited by7 cases

This text of 124 Mass. 364 (Lyons v. Ward) 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

Lyons v. Ward, 124 Mass. 364, 1878 Mass. LEXIS 323 (Mass. 1878).

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Opinion

Gray, C. J.

The denial, at the beginning of the answer, of each and every allegation in the declaration, put in issue all the facts necessary to be proved by the plaintiff to make out a primé facie case. Davis v. Travis, 98 Mass. 222. The plaintiff, for evidence in support of that issue, relied on the statements in subsequent clauses of the answer, setting up distinct defences; and cited Jackson v. Stetson, 15 Mass. 48, as establishing the rule that, when two pleas were pleaded, admissions in the one might be given in evidence on the trial of the other. But since that decision it has been enacted by the Legislature that statements in the pleadings should not be evidence on the trial. Rev. Sts. c. 100, § 18, and Commissioners’ Report, § 17 and note. Gen. Sts. c. 129, § 72. Walcott v. Kimball, 13 Allen, 460. As the plaintiff offered no other evidence, judgment was rightly ordered for the defendant. Objections to the inponsisteacy of defences in the answer, as to the misjoinder of counts in the declaration, can only be taken by demurrer. Gen. Sts. c. 129, §§ 12, 16, 24. Exceptions overruled.

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Gray, C. J.

The denial, at the beginning of the answer, of each and every allegation in the declaration, put in issue all the facts necessary to be proved by the plaintiff to make out a primé facie case. Davis v. Travis, 98 Mass. 222. The plaintiff, for evidence in support of that issue, relied on the statements in subsequent clauses of the answer, setting up distinct defences; and cited Jackson v. Stetson, 15 Mass. 48, as establishing the rule that, when two pleas were pleaded, admissions in the one might be given in evidence on the trial of the other. But since that decision it has been enacted by the Legislature that statements in the pleadings should not be evidence on the trial. Rev. Sts. c. 100, § 18, and Commissioners’ Report, § 17 and note. Gen. Sts. c. 129, § 72. Walcott v. Kimball, 13 Allen, 460. As the plaintiff offered no other evidence, judgment was rightly ordered for the defendant. Objections to the inponsisteacy of defences in the answer, as to the misjoinder of counts in the declaration, can only be taken by demurrer. Gen. Sts. c. 129, §§ 12, 16, 24. Exceptions overruled.

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Bluebook (online)

124 Mass. 364, 1878 Mass. LEXIS 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lyons-v-ward-mass-1878.

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