Massachusetts Supreme Judicial Court, 1886

Kittredge v. Martin

Kittredge v. Martin
Massachusetts Supreme Judicial Court · Decided March 31, 1886 · Allen
141 Mass. 410; 6 N.E. 95; 1886 Mass. LEXIS 218

Kittredge v. Martin

Opinion of the Court

W. Allen, J.

All the grounds upon which the defendant objects to the validity of the judgment upon which the action is brought are proper matters to be assigned for error in a writ of error upon the judgment; and are not matters to be averred and proved in defence of an action upon a domestic judgment.

The precise point is decided in McCormick v. Fiske, 138 Mass. 379, which cannot be distinguished from the case at bar.

Exceptions overruled.

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