98 Mass. 334
Massachusetts Supreme Judicial Court
Decided November 15, 1867
Massachusetts Supreme Judicial Court · decided 1867-11-15
Contract. The declaration alleged in substance that by the defendant’s request the plaintiff procured thirty men for the defendant, to be enlisted into the military service of the United States, for whom the defendant agreed to pay him one hundred and twenty-five dollars each; and the defendant received said men, and enlisted them upon the quota of Brookline, but refused to pay for them.
Cited by 3 later decisions — most recently January 1883
3 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1867-11-15
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¶11. The motion to set aside the verdict was addressed to the discretion of the court. Gen. Sts. c. 115, § 6. Therefore no exception can be taken to the decision.
¶22. The decision sought for would be in effect an arrest of judgment. As the alleged defect was apparent on the face of the declaration, and no objection was taken before verdict, the motion was made too late. Gen. Sts. c. 129, § 79.
¶3Exceptions overruled
¶4 See Combs v. Scott, 12 Allen, 493.