McAllister v. Burrill
Massachusetts Supreme Judicial Court
Contract. The declaration alleged in substance that by the defendant’s request the plaintiff procured thirty men for the defendant, to be enlisted into the military service of the United States, for whom the defendant agreed to pay him one hundred and twenty-five dollars each; and the defendant received said men, and enlisted them upon the quota of Brookline, but refused to pay for them.
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Contract. The declaration alleged in substance that by the defendant’s request the plaintiff procured thirty men for the defendant, to be enlisted into the military service of the United States, for whom the defendant agreed to pay him one hundred and twenty-five dollars each; and the defendant received said men, and enlisted them upon the quota of Brookline, but refused to pay for them. The action was tried in the superior court, before Lord, J., and a verdict returned for the plaintiff for two thousand eight hundred and seven dollars and forty-five cents. Before judgment, the defendant…
1Opinion of the CourtChapman, J.
1. The motion to set aside the verdict was addressed to the discretion of the court. Gen. Sts. c. 115, § 6. Therefore no exception can be taken to the decision.
2. The decision sought for would be in effect an arrest of judgment. As the alleged defect was apparent on the face of the declaration, and no objection was taken before verdict, the motion was made too late. Gen. Sts. c. 129, § 79.
Exceptions overruled *
See Combs v. Scott, 12 Allen, 493.
2Cited by3 opinions
- McLaughlin v. CowleyMassachusetts Supreme Judicial Court · 1879
- Commonwealth v. MorrisonMassachusetts Supreme Judicial Court · 1883
- Aldrich v. Springfield, Athol & North Eastern RailroadMassachusetts Supreme Judicial Court · 1878