McAllister v. Burrill

Massachusetts Supreme Judicial Court

McAllister v. Burrill

98 Mass. 334

CourtMassachusetts Supreme Judicial Court

DecidedNovember 15, 1867

StatusPublished

Cited by3 cases

This text of 98 Mass. 334 (McAllister v. Burrill) 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

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

Pincite

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

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Bluebook (online)

98 Mass. 334, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcallister-v-burrill-mass-1867.

Opinion

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