Kittredge v. Martin

141 Mass. 410 | Mass. | 1886

W. Allen, J.

All the grounds upon which the defendant objects to the validity of the judgment upon which the action is brought are proper matters to be assigned for error in a writ of error upon the judgment; and are not matters to be averred and proved in defence of an action upon a domestic judgment.

The precise point is decided in McCormick v. Fiske, 138 Mass. 379, which cannot be distinguished from the case at bar.

Exceptions overruled.