Manson v. Arnold

Decided March 26, 1879

Massachusetts Supreme Judicial Court · decided 1879-03-26

Contract on an account annexed for use and occupation of a building. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: The action was brought originally in the Municipal Court of Boston, and the declaration was duly filed with the entry of the writ. The defendant appeared and answered orally, and after-wards filed in that court a declaration in set-off for more than the amount of the plaintiff’s claim.

Cited by 2 later decisions — most recently July 1958

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1879-03-26

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Gray, C. J.

¶1The answer filed in the Superior Court put in issue the matters alleged in the declaration. Warren v. Ferdinand, 9 Allen, 357. The declaration in set-off had been seasonably filed in the Municipal Court; St. 1870, c. 330, § 3; and, having been transmitted with the other papers in the case to the Superior Court on the appeal, was already on file in that court, and need not be filed there anew, in order to warrant the admission of evidence in support of it. Gen. Sts. c. 120, §§ 27, 28. Sts. 1862, c. 217, § 1; 1866, o. 279, § 2. Wilbur v. Taber, 9 Gray, 361. Lew v. Lowell, 6 Allen, 25. Higby v. Upton, 3 Met. 409, 411.

¶2Exceptions overruled.