Smith v. Carney
Massachusetts Supreme Judicial Court
Contract for breach of the covenants in a deed of land from the defendant to the plaintiffs. Answer, a general denial. The case was submitted to the Superior Court, on an agreed statement of facts, which, after stating that the pleadings might be referred to, was in substance as follows : The defendant, by warranty deed dated December 15, 1873, conveyed to the plaintiffs “ one undivided fourth part ” of an estate situated on the corner of Pearl Street and Sturgis (now…
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Contract for breach of the covenants in a deed of land from the defendant to the plaintiffs. Answer, a general denial. The case was submitted to the Superior Court, on an agreed statement of facts, which, after stating that the pleadings might be referred to, was in substance as follows : The defendant, by warranty deed dated December 15, 1873, conveyed to the plaintiffs “ one undivided fourth part ” of an estate situated on the corner of Pearl Street and Sturgis (now Franklin) Street, in Boston, which deed contained a covenant that “the granted premises are free from all incumbrances.” In…
1Opinion of the CourtSoule, J.
Disability of a plaintiff to sue does not go to the merits of an action, and can be taken advantage of, in pleading, only by plea in abatement. After answer to the merits, proof of the disability at the trial will not avail the defendant. Hay-den v. Attleborough, 7 Gray, 338. Jaha v. Belleg, 105 Mass. 208. Objections to the form of the action or to the pleadings are not open in a case submitted on an agreed statement of facts, unless *181specially reserved. Such submission waives all technical objections, and raises only the -.question whether the plaintiff can recover in any form of action,…
2Cases cited10 opinions
- Folger v. Columbian InsuranceMassachusetts Supreme Judicial Court · 1868
- Carr v. DooleyMassachusetts Supreme Judicial Court · 1876
- Merrill v. BullockMassachusetts Supreme Judicial Court · 1870
- Blackie v. HudsonMassachusetts Supreme Judicial Court · 1875
- Desmond v. BabbittMassachusetts Supreme Judicial Court · 1875
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- White v. E. T. Slattery Co.Massachusetts Supreme Judicial Court · 1920
- Ward v. Great Atlantic & Pacific Tea Co.Massachusetts Supreme Judicial Court · 1918
- Boston & Maine Railroad v. T. Stuart & Son Co.Massachusetts Supreme Judicial Court · 1920
- Dellamano v. FrancisMassachusetts Supreme Judicial Court · 1941
- Fay v. DugganMassachusetts Supreme Judicial Court · 1883
8 more not listed; retrieve them via the Exa API.