Manson v. Arnold
Massachusetts Supreme Judicial Court
Contract on an account annexed for use and occupation of a building. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: The action was brought originally in the Municipal Court of Boston, and the declaration was duly filed with the entry of the writ. The defendant appeared and answered orally, and after-wards filed in that court a declaration in set-off for more than the amount of the plaintiff’s claim.
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Contract on an account annexed for use and occupation of a building. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: The action was brought originally in the Municipal Court of Boston, and the declaration was duly filed with the entry of the writ. The defendant appeared and answered orally, and after-wards filed in that court a declaration in set-off for more than the amount of the plaintiff’s claim. To the declaration in set-off, no answer in writing was filed by the plaintiff. At the trial the set-off was disallowed, and…
1Opinion of the CourtGray, C. J.
The answer filed in the Superior Court put in issue the matters alleged in the declaration. Warren v. Ferdinand, 9 Allen, 357. The declaration in set-off had been seasonably filed in the Municipal Court; St. 1870, c. 330, § 3; and, having been transmitted with the other papers in the case to the Superior Court on the appeal, was already on file in that court, and need not be filed there anew, in order to warrant the admission of evidence in support of it. Gen. Sts. c. 120, §§ 27, 28. Sts. 1862, c. 217, § 1; 1866, o. 279, § 2. Wilbur v. Taber, 9 Gray, 361. Lew v. Lowell, 6 Allen, 25. Higby v.…
2Cases cited2 opinions
- Fisk v. CushmanMassachusetts Supreme Judicial Court · 1850
- Schneider v. CommonwealthCourt of Appeals of Kentucky · 1861
3Cited by2 opinions
- True v. DillonMassachusetts Supreme Judicial Court · 1885
- Tarbell-Watters Co. v. LewisMassachusetts District Court, Appellate Division · 1958