Norris v. Munroe
Massachusetts Supreme Judicial Court
Contract for $24.60, goods sold and delivered. The defendant filed a declaration in set-off for $27.20. The trial justice before whom the action was commenced gave judgment" for the plaintiff for $22.57 on September 21, 1878, and the defendant on September 23 appealed, and entered into a recognizance, with sureties, reciting his appeal from that judgment “to the next Superior Court to be holden at Lowell within and for the county of Middlesex on the first Monday of…
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Contract for $24.60, goods sold and delivered. The defendant filed a declaration in set-off for $27.20. The trial justice before whom the action was commenced gave judgment" for the plaintiff for $22.57 on September 21, 1878, and the defendant on September 23 appealed, and entered into a recognizance, with sureties, reciting his appeal from that judgment “to the next Superior Court to be holden at Lowell within and for the county of Middlesex on the first Monday of September, 1878,” and conditioned that the defendant should “ prosecute his appeal at said Superior Court with effect, and pay…
1Opinion of the CourtGray, C. J.
The only question of law which appears by the bill of exceptions to have been presented to the Superior Court is that arising upon the motion to dismiss the appeal for defects in the form of the recognizance. But at December term 1878 of the Superior Court, being the term at which the appeal should by law have been entered, and the appeal having been theretofore entered and being actually before that court, the plaintiff *387filed an answer to the defendant’s declaration in set-off, and thereby waived any right to move to dismiss the appeal for such defects. Whether any action could be maintained…
2Cited by3 opinions
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