McAllister v. Burrill

98 Mass. 334 | Mass. | 1867

Chapman, J.

1. The motion to set aside the verdict was addressed to the discretion of the court. Gen. Sts. c. 115, § 6. Therefore no exception can be taken to the decision.

2. The decision sought for would be in effect an arrest of judgment. As the alleged defect was apparent on the face of the declaration, and no objection was taken before verdict, the motion was made too late. Gen. Sts. c. 129, § 79.

Exceptions overruled *

See Combs v. Scott, 12 Allen, 493.

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