Kimball v. Preston

Massachusetts Supreme Judicial Court
Kimball v. Preston, 68 Mass. 567 (Mass. 1854)

Kimball v. Preston

Opinion of the Court

By the Court.

It 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.

Reference

Full Case Name
Charles Kimball v. John A. Preston
Status
Published