¶1It is a well settled rule of practice that where parties agree upon a statement of facts, embracing the merits of the controversy, upon the decision of which judgment is to be rendered, all objections as to forms of proceeding are waived, unless expressly reserved. Haven v. Foster, 9 Pick. 112. Ellsworth v. Brewer, 11 Pick. 316. Judgment for the plaintiff.
68 Mass. 567
Kimball v. Preston
Massachusetts Supreme Judicial Court
Decided November 15, 1854
Massachusetts Supreme Judicial Court · decided 1854-11-15
Action of contract for money had and received, described in the plaintiff’s bill of particulars as “ cash received from five quarters’ house rent, at $35 per quarter, $>175.” Answer, that the defendant never received any such money; and if he did, that he did not receive it to the plaintiff’s use.
Decided 1854-11-15