Smith v. Whiting
Massachusetts Supreme Judicial Court
Case for money had and received, money laid out and expended, &c. The defendant pleaded the general issue, which was joined by the plaintiff; also a special plea in bar, alleging that the plaintiff heretofore impleaded the defendant in an action of the case upon divers promises, and particularly upon the promise alleged in the first count of the declaration in the present action, and that, after a full hearing, a verdict was returned that the defendant did promise, &c., and…
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Case for money had and received, money laid out and expended, &c. The defendant pleaded the general issue, which was joined by the plaintiff; also a special plea in bar, alleging that the plaintiff heretofore impleaded the defendant in an action of the case upon divers promises, and particularly upon the promise alleged in the first count of the declaration in the present action, and that, after a full hearing, a verdict was returned that the defendant did promise, &c., and damages were assessed, and judgment thereon rendered, &c.; and this, &c., wherefore, &c. The plaintiff replies that his…
1Opinion of the CourtParker, C. J.
[After stating the pleadings.] We are all of opinion that the replication is ill, and that the matter alleged in the bar is sufficient to avoid this action. It is apparent from the pleadings that this very demand has been once tried and determined; and although the Court may have decided wrong in rejecting the evidence in the former suit, yet this is not the way to remedy the misfortune. Exceptions might have been filed to the opinion of the judge, or a new trial might have been had upon petition; or, if there was a defect of evidence without any negligence, a continuance of the cause might…
2Cases cited8 opinions
- Loring v. MansfieldMassachusetts Supreme Judicial Court · 1821
- Rowe v. SmithMassachusetts Supreme Judicial Court · 1820
- Wheeler v. Van HoutenNew York Supreme Court · 1815
- Hodges v. HodgesMassachusetts Supreme Judicial Court · 1812
- Canfield v. MongerNew York Supreme Court · 1815
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Le Guen v. GouverneurCourt for the Trial of Impeachments and Correction of Errors · 1798
- Webster v. LeeMassachusetts Supreme Judicial Court · 1809
- Beall v. PearreCourt of Appeals of Maryland · 1859
- Wales v. LyonMichigan Supreme Court · 1851
- State v. RamsburgCourt of Appeals of Maryland · 1875
15 more not listed; retrieve them via the Exa API.