Tinkham v. Smith

Massachusetts Supreme Judicial Court

Tinkham v. Smith

26 Mass. 33

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1829

StatusPublished

This text of 26 Mass. 33 (Tinkham v. Smith) 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

Tinkham v. Smith, 26 Mass. 33 (Mass. 1829).

Pincite

Opinion

Per Curiam.

The leave to amend was granted, and the amendment was made at the August term. That was the first [34]*34term, then, as it respects the amendment, and the defendant had a right to file then his special demurrer. But he did not offer it until the following term, when it was rejected by the court, as coming too late. We think the decision was right. As the plea is acknowledged to be bad, the plaintiff is entitled to judgment.

Judgment of C. C. P. affirmed.

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Per Curiam.

The leave to amend was granted, and the amendment was made at the August term. That was the first [34]*34term, then, as it respects the amendment, and the defendant had a right to file then his special demurrer. But he did not offer it until the following term, when it was rejected by the court, as coming too late. We think the decision was right. As the plea is acknowledged to be bad, the plaintiff is entitled to judgment.

Judgment of C. C. P. affirmed.

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Bluebook (online)

26 Mass. 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tinkham-v-smith-mass-1829.