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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.
Document Info
Citation Numbers: 141 Mass. 410
Judges: Allen
Filed Date: 3/31/1886
Precedential Status: Precedential
Modified Date: 6/25/2022