Patterson v. Goldsmith

Massachusetts Supreme Judicial Court

Patterson v. Goldsmith

75 Mass. 258

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1857

StatusPublished

This text of 75 Mass. 258 (Patterson v. Goldsmith) 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

Patterson v. Goldsmith, 75 Mass. 258 (Mass. 1857).

Pincite

Opinion

Metcalf, J.

The declaration is bad, for not averring that the [259]*259recognizance was returned to the court of common pleas ; without proof of that fact the plaintiff could not recover. TarbelL v. Gray, 4 Gray, 445, & cases cited. Bowler v. Palmer, 4 Gray, 445, note. This objection, as the cases just cited show, should regularly have been taken by demurrer. But, as it appears by the record that the case was submitted to the decision of the court below, without averment or proof of this material fact, the judgment for the defendant must be affirmed.

Judgment for the defendant.

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Metcalf, J.

The declaration is bad, for not averring that the [259]*259recognizance was returned to the court of common pleas ; without proof of that fact the plaintiff could not recover. TarbelL v. Gray, 4 Gray, 445, & cases cited. Bowler v. Palmer, 4 Gray, 445, note. This objection, as the cases just cited show, should regularly have been taken by demurrer. But, as it appears by the record that the case was submitted to the decision of the court below, without averment or proof of this material fact, the judgment for the defendant must be affirmed.

Judgment for the defendant.

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Bluebook (online)

75 Mass. 258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patterson-v-goldsmith-mass-1857.