Massachusetts Supreme Judicial Court November 15, 1854 (Kimball v. Preston)

By the Court.

It is a well settled rule of practice that where parties agree upon a statement of facts, embracing the merits of the controversy, upon the decision of which judgment is to be rendered, all objections as to forms of proceeding are waived, unless expressly reserved. Haven v. Foster, 9 Pick. 112. Ellsworth v. Brewer, 11 Pick. 316. Judgment for the plaintiff.