135 Mass. 125 | Mass. | 1883
After the verdict in this case, the defendant obtained his discharge in bankruptcy, and duly pleaded it in bar of judgment in the action. The proper course for the plaintiff was to file a replication to this plea, setting up that his debt was created by fraud of the bankrupt. Upon such replication the defendant has the right of trial by jury. Instead of doing this, the plaintiff filed a motion for judgment, notwithstanding the plea.
The court could not properly entertain this motion, or receive any evidence under it. Whether, if the record showed conclusively that the debt was created by fraud of the defendant, the
It is impossible to tell by the record what issue the jury found for the plaintiff, upon which the verdict was based.
The verdict, therefore, does not conclusively prove that the plaintiff’s debt was created by fraud of the defendant. The defendant has the right to have this question tried by a jury, and, as we have before said, the plaintiff should file a replication upon which such trial may be had in due course.
The Superior Court properly denied the plaintiff’s motion for judgment. Exceptions overruled.