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Wright, J. Upon the authority of the cases cited by appellee’s counsel, and particularly Smith v. Burnham, 3 Sumn. 535, we are of the opinion that the demurrer of appellant was properly overruled. And see Pitts v. Waugh, 4 Mass. 424, Story on Part, section, 82; Collyer on Part, sections 3 and 51.
Decree affirmed.
Document Info
Judges: Wright
Filed Date: 10/6/1860
Precedential Status: Precedential
Modified Date: 11/9/2024