Hobson v. Satterlee

The only question presented by the exceptions in this case is whether a plaintiff is entitled to judgment, as mat*403ter of law, on the overruling of a demurrer to the declaration. The plaintiff contends that at common law a judgment would follow as a matter of course in such a case, and that this court has declared in Montague v. Boston & Fairhaven Iron Works, 97 Mass. 502, that this law in respect of demurrers has not been changed by the Practice Act. It is needless to say that no such declaration was made. In the case referred to, Mr. Justice Chapman, speaking of the words “ and in like manner…