Salisbury v. Matthews

Massachusetts Supreme Judicial Court

Salisbury v. Matthews

78 Mass. 333

CourtMassachusetts Supreme Judicial Court

DecidedMarch 15, 1859

StatusPublished

This text of 78 Mass. 333 (Salisbury v. Matthews) 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

Salisbury v. Matthews, 78 Mass. 333 (Mass. 1859).

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Opinion

Dewey, J.

We perceive no sufficient reason for setting aside this award. This was, as we understand, a reference of the case in broad terms to a referee. This carried with it the case for which the plaintiff claimed damages, irrespectively of the precise technical form in which it was set out. Clearly one defective count would not vitiate a general award, if there was a good cause of action substantially set out in another. Forseth v. Shaw, 10 Mass. 253. Page v. Monks, 5 Gray, 492.

Exceptions overruled.

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Dewey, J.

We perceive no sufficient reason for setting aside this award. This was, as we understand, a reference of the case in broad terms to a referee. This carried with it the case for which the plaintiff claimed damages, irrespectively of the precise technical form in which it was set out. Clearly one defective count would not vitiate a general award, if there was a good cause of action substantially set out in another. Forseth v. Shaw, 10 Mass. 253. Page v. Monks, 5 Gray, 492.

Exceptions overruled.

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Bluebook (online)

78 Mass. 333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/salisbury-v-matthews-mass-1859.

Opinion

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