Kennedy v. Brown

The plaintiffs recovered judgment before a justice upon oral pleadings. The justice entered the substance of the declaration in these terms: Plaintiffs declared

orally on the common counts in assumpsit, and specially for a surplus in the hands of defendant arising from the foreclosure of a mortgage executed by Calista Nevius to the said defendant, dated April 18,1879, which surplus has been duly assigned to the plaintiffs in this cause, and which said defendant refuses to pay, to plaintiffs’ damage $300.”

An appeal was taken, and on the 15th of March, 1882, the case was heard without a jury and…