Massachusetts Supreme Judicial Court, 1879

Manson v. Arnold

Manson v. Arnold
Massachusetts Supreme Judicial Court · Decided March 26, 1879 · Gray
126 Mass. 399; 1879 Mass. LEXIS 275
Manson v. Arnold

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Opinion of the Court

Gray, C. J.

The answer filed in the Superior Court put in issue the matters alleged in the declaration. Warren v. Ferdinand, 9 Allen, 357. The declaration in set-off had been seasonably filed in the Municipal Court; St. 1870, c. 330, § 3; and, having been transmitted with the other papers in the case to the Superior Court on the appeal, was already on file in that court, and need not be filed there anew, in order to warrant the admission of evidence in support of it. Gen. Sts. c. 120, §§ 27, 28. Sts. 1862, c. 217, § 1; 1866, o. 279, § 2. Wilbur v. Taber, 9 Gray, 361. Lew v. Lowell, 6 Allen, 25. Higby v. Upton, 3 Met. 409, 411.

Exceptions overruled.

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