McAllister v. Burrill

Massachusetts Supreme Judicial Court

McAllister v. Burrill

98 Mass. 334

Massachusetts Supreme Judicial Court·Decided November 15, 1867·Published·Cited by 3 cases

Opinion

Chapman, J.

1. The motion to set aside the verdict was addressed to the discretion of the court. Gen. Sts. c. 115, § 6. Therefore no exception can be taken to the decision.

2. The decision sought for would be in effect an arrest of judgment. As the alleged defect was apparent on the face of the declaration, and no objection was taken before verdict, the motion was made too late. Gen. Sts. c. 129, § 79.

Exceptions overruled

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Chapman, J.

1. The motion to set aside the verdict was addressed to the discretion of the court. Gen. Sts. c. 115, § 6. Therefore no exception can be taken to the decision.

2. The decision sought for would be in effect an arrest of judgment. As the alleged defect was apparent on the face of the declaration, and no objection was taken before verdict, the motion was made too late. Gen. Sts. c. 129, § 79.

Exceptions overruled

McAllister v. Burrill, 98 Mass. 334 (Mass. 1867).

Pincite

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Opinion

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