Massachusetts Supreme Judicial Court, 1903

Shattuck v. Marcus

Shattuck v. Marcus
Massachusetts Supreme Judicial Court · Decided February 25, 1903 · Lathrop
182 Mass. 572; 66 N.E. 196; 1903 Mass. LEXIS 916
Shattuck v. Marcus

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

Lathrop, J.

If the declarations in these cases are to be construed, as the defendants contend, as each containing only one count, which embraces two causes of action, and so are in violation of the Pub. Sts. c. 167, § 2, cl. 4, the-objection should have been taken by demurrer. Clay v. Brigham, 8 Gray, 161. Downs v. Hawley, 112 Mass. 237, 241.

The exceptions are frivolous, and are overruled with double costs, and interest at twelve per cent.

So ordered.

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