Jaha v. Belleg
Massachusetts Supreme Judicial Court
Tort for assault and battery, commenced January 8, 1866, before a justice of the peace, who gave judgment for the plaintiff. The defendants appealed to the superior court, which ruled that,, by reason of a certain agreement of the parties before the magistrate, the defendants had no right to file an answer denying their liability.
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Tort for assault and battery, commenced January 8, 1866, before a justice of the peace, who gave judgment for the plaintiff. The defendants appealed to the superior court, which ruled that,, by reason of a certain agreement of the parties before the magistrate, the defendants had no right to file an answer denying their liability. Exceptions were taken to this ruling, and sustained by this court, which ordered by its rescript that the defendants have leave to file an answer to the merits. See 13 Allen, 86. The defendants thereupon, at September term 1867 of the superior court, filed such an…
1Opinion of the CourtGray, J.
This report was made under the St. of 1869, c. 438, by which “ questions of law, whether arising upon a trial or other proceeding before the superior court, may, by consent of the parties to the suit, be reported before verdict ” for the determination of this court. Before that statute, no question could be reported co this court by the superior court before verdict; Gen. Sts. <?. 115, *211§ 6; Minot v. Sawyer, 1 Allen, 18 , and questions arising in that court upon pleas or answers in abatement could not be brought to this court at all, by report, exceptions or otherwise. Gen. Sts. c. 114, § 10;…
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