Smith v. Tennyson

At the trial in the Municipal Court of the City of Boston the defendant Tennyson made an offer of proof in support of the defense of eviction, which had been alleged by both defendants in their answer, and asked the Judge to rule that upon the facts stated in the offer of proof the plaintiff was not entitled to recover. The judge refused to make the ruling and at the request of the defendant Tennyson reported his ruling to the Appellate Division. Later it was stipulated that for the purpose of a hearing before the Appellate Division or on an appeal from their decision the “allegations” in the…