Lund v. George

Decided January 15, 1861

Massachusetts Supreme Judicial Court · decided 1861-01-15

The appeal was entered in the superior court at October term 1860; and, no answer having been made or issue joined, as required by St. 1838, c. 163, § 4, the appellant moved for a default, but Allen, C. J. overruled the motion.

Decided 1861-01-15

By the Court.

¶1The statute requires, in order to the allowance of the appeal, that the same shall be claimed and notice thereof given to the judge of insolvency, to be entered on the record. This record is the foundation of the appeal, without which it cannot be maintained.

¶2Parol evidence of such claim of appeal and notice thereof is inadmissible. Wells v. Stevens, 2 Gray, 115.

¶3Exceptions overruled.