Massachusetts Supreme Judicial Court, 1861

Kenney v. Driscoll

Kenney v. Driscoll
Massachusetts Supreme Judicial Court · Decided January 15, 1861 · Bigelow
83 Mass. 210

Kenney v. Driscoll

Opinion of the Court

Bigelow, C. J.

The appearance of the magistrate wjio received the complaint as attorney of record for the complainant in the superior court furnished no ground for dismissing the action. Although such appearance was irregular and improper, it did not affect the previous proceedings in the case before the magistrate, which were regular and valid. This irregularity was cured by the appearance of another attorney, who conducted the case at the trial. Exceptions sustained.

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