¶1A verdict having been rendered upon one only »f the two counts upon which issue had been joined, and the *189cause of action set forth in the other count not having been determined by further trial, discontinuance or otherwise, the whole case was not finally disposed of in the court below, and these exceptions have been prematurely entered in this court. Safford v. Knight, 117 Mass. 281. Hall v. Briggs, 18 Pick. 503. Sutton v. Dana, 1 Met. 383. Exceptions dismissed.
119 Mass. 188
Harding v. Pratt
Massachusetts Supreme Judicial Court
Decided November 27, 1875
Massachusetts Supreme Judicial Court · decided 1875-11-27
Contract upon two counts: the first for moneys expended at the defendant’s request upon premises leased to him by the plaintiff ; and the second for use and occupation. Answer, to the first count, a general denial, and to the second count, payment of a part of the claim and tender of the rest.
Relies on Safford v. Knight
Good law ✅— No negative treatment on recordhow we know
Decided 1875-11-27
How this case has been cited
Cited by 3 later decisions — most recently February 1914
3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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