Wigglesworth v. Atkins

Massachusetts Supreme Judicial Court

Wigglesworth v. Atkins

59 Allen 212

CourtMassachusetts Supreme Judicial Court

DecidedNovember 15, 1849

StatusPublished

This text of 59 Allen 212 (Wigglesworth v. Atkins) 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

Wigglesworth v. Atkins, 59 Allen 212 (Mass. 1849).

Pincite

Opinion

By the Court.

The opinions of the judges of the court of common pleas, as to the construction of the rules of that court, though entitled to great consideration, are nevertheless subject to revision by this court. In the present case, however, we are satisfied that the ruling was right. The admission must be made before the trial commences. Here it was [214]*214not filed until afterwards. The rule requires, also, that the defendant should admit the facts, and not generally that the plaintiff' has a primd facie case.

Exceptions overruled.

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By the Court.

The opinions of the judges of the court of common pleas, as to the construction of the rules of that court, though entitled to great consideration, are nevertheless subject to revision by this court. In the present case, however, we are satisfied that the ruling was right. The admission must be made before the trial commences. Here it was [214]*214not filed until afterwards. The rule requires, also, that the defendant should admit the facts, and not generally that the plaintiff' has a primd facie case.

Exceptions overruled.

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Bluebook (online)

59 Allen 212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wigglesworth-v-atkins-mass-1849.