77 Mass. 14
Massachusetts Supreme Judicial Court
Decided September 15, 1858
Massachusetts Supreme Judicial Court · decided 1858-09-15
Action of tort. The defendant, within the time allowed for answering, but without leave of court, on different days filed two answers to the declaration, setting forth different grounds of defence; and at the trial in the court of common pleas was allowed by Mellen, C. J., against the plaintiffs’ objection, and without having made any motion for leave to file an additional answer, to introduce evidence under both answers; and obtained a verdict.
Decided 1858-09-15
¶1The defendant has a right to make one answer at one time. When he has made and filed it, the plaintiff has a right to treat it as the answer to the action, and traverse, *15demur, or take any other step. Any amendment or additional answer must be filed by leave of court. The proceedings in this case were irregular and against the established practice.
¶2Exceptions sustained.