Massachusetts Supreme Judicial Court, 1860

Blackmer v. Davis

Blackmer v. Davis
Massachusetts Supreme Judicial Court · Decided October 15, 1860 · Bigelow
82 Mass. 120

Blackmer v. Davis

Opinion of the Court

Bigelow, C. J.

This appeal is not rightly here. The only question presented by the statement of facts arises on a plea in abatement. By the Gen. Sts. c. 114, § 10, and c. 115, § 7, the decision of a single justice is final on all questions raised by a plea in abatement, and no appeal lies to this court. In this particular, the General Statutes have not changed the law as established by St. 1840, c. 87, § 5 ; but have only provided *121that motions to dismiss for defect of form in process shall stand on the same footing with pleas in abatement, and be finally determined by a justice of the court, without any right to appeal from or allege exceptions to his decision. Willard v. Stone, 13 Gray, 475. Appeal dismissed.

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