Haynes v. Morgan
Massachusetts Supreme Judicial Court
This was a real action brought to recover a certain tract of land described in the declaration, as follows: “A certain tract of land lying and being in Brimfield, aforesaid, containing one acre, lying and being on the easterly and southerly side of river in said Brim-field, and bounded westerly and northerly on said river, and on every other side on land in possession of said Abner.”
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This was a real action brought to recover a certain tract of land described in the declaration, as follows: “A certain tract of land lying and being in Brimfield, aforesaid, containing one acre, lying and being on the easterly and southerly side of river in said Brim-field, and bounded westerly and northerly on said river, and on every other side on land in possession of said Abner.” After issue was joined, and while the cause was on trial before Sedgwick, J., at the last December adjournment, the counsel for the tenant objected to the demandant’s right to recover, from the uncertainty in…
1Opinion of the Court
The-opinion of the Court was delivered by
Parsons, C. J.
The defendant files his exception to an order of the judge, made in the course of the trial, granting the plaintiffs leave to amend their declaration without the payment of costs.
The former part of the fifth section of the act authorizing exceptions, provides that any party, aggrieved at any opinion, direction, or judgment of the justice, in any action or process, may allege exceptions to the same, at the term of the said Court when such opinion, direction, or judgment, shall be given. By the latter part of the same section, power is…
2Cited by17 opinions
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- Carpenter v. GookinSupreme Court of Vermont · 1829
- Tiernan v. WoodruffU.S. Circuit Court for the District of Michigan · 1850
- Perkins v. BurbankMassachusetts Supreme Judicial Court · 1806
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