Morse v. Dayton

128 Mass. 451, 1880 Mass. LEXIS 111

Opinion

By the Court.

The omission of the debtor to file in the Superior Court copies of the charges of fraud and the plea thereto, and of his examination before the magistrate, did not entitle the creditor, after proceeding to trial without raising any objection on this ground, to have the debtor defaulted. Whether a postponement or suspension of the trial should have been granted, if moved for, until such copies were furnished, is not before us Exceptions overruled