Dwyer v. Brannon
Massachusetts Supreme Judicial Court
The defendant Brannon, having been, by the Municipal Court in Boston, on the prosecution of the plaintiff, adjudged the putative father of her bastard child, entered into a recognizance to her, before that court, for the maintenance of the child ; and this action is scire facias on that recognizance. The defendants pleaded the payment and receipt of 150 dollars, by way of accord and satisfaction. This plea was traversed, and an issue to the country joined on the traverse.
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The defendant Brannon, having been, by the Municipal Court in Boston, on the prosecution of the plaintiff, adjudged the putative father of her bastard child, entered into a recognizance to her, before that court, for the maintenance of the child ; and this action is scire facias on that recognizance. The defendants pleaded the payment and receipt of 150 dollars, by way of accord and satisfaction. This plea was traversed, and an issue to the country joined on the traverse. At the trial, the defendants gave in evidence, to maintain the issue on their part, the plaintiff’s receipt for the money…
1Opinion of the Court
Curia.
If the plea is a good answer to the plaintiff’s writ, the defendants’ evidence is without doubt competent to maintain the issue on their part. But whether the plea be good or bad, is not now to be questioned on a motion for a new trial. The objection is on record, and the plaintiff must seek her remedy by error, if the plea is bad.
Neither on this motion can the defendants’ objection to the recognizance be heard. It is on the record, and, if aggrieved, they have another remedy.
* The verdict cannot be set aside ; but the defend- [ * 331 J ants may enter their judgment on it.
2Cited by1 opinion
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