Massachusetts Supreme Judicial Court, 1868

Burgess v. Bugbee

Burgess v. Bugbee
Massachusetts Supreme Judicial Court · Decided October 15, 1868 · Chapman
100 Mass. 152

Burgess v. Bugbee

Opinion of the Court

Chapman, C. J.

When the writ was entered, the declaration consisted of a count on an account annexed, but without a bill of particulars. Such a count was amendable by annexing a bill of particulars, before the existence of the practice act. Tarbell v. Dickinson, 3 Cush. 345. But the power of courts to allow amendments has since been much extended. Gen. Sts. c. 129, §§ 40-42. The declaration was sufficient to give the justice jurisdiction; and, having jurisdiction, he was authorized to allow the amendment. Exceptions overruled.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.