Wildes v. Marshall
Massachusetts Supreme Judicial Court
Contract on a promissory note made by the defendant payable to the order of George F. Shepard and by him indorsed to the plaintiff. Writ dated July 31,1873, and returnable to October term of the Superior Court for the county of Suffolk. The defendant filed an answer in abatement that another suit was pending against him on the same note in the same court, in which Edward B. Wildes was the plaintiff, when the present action was brought. The plaintiff demurred to the answer.
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Contract on a promissory note made by the defendant payable to the order of George F. Shepard and by him indorsed to the plaintiff. Writ dated July 31,1873, and returnable to October term of the Superior Court for the county of Suffolk. The defendant filed an answer in abatement that another suit was pending against him on the same note in the same court, in which Edward B. Wildes was the plaintiff, when the present action was brought. The plaintiff demurred to the answer. Bacon, J., overruled the demurrer and the plaintiff alleged exceptions.
1Opinion of the Court
By the Court.
Decisions upon answers in abatement, for any cause whatever, are conclusive, and not subject to revision on exceptions or otherwise. Gen. Sts. c. 114, § 10; c. 115, § 7. Blackmer v. Davis, 16 Gray, 120. Richmond v. Whittlesey, 2 Allen, 230. Jaha v. Belleg, 105 Mass. 208, 211.
Exceptions overruled.
2Cases cited1 opinion
- Jaha v. BellegMassachusetts Supreme Judicial Court · 1870
3Cited by3 opinions
- Young v. Providence & Stonington Steamship Co.Massachusetts Supreme Judicial Court · 1890
- Fisher v. FraprieMassachusetts Supreme Judicial Court · 1878
- Rutland County National Bank v. JohnsonMassachusetts Supreme Judicial Court · 1891