Perry v. Goodwin
Massachusetts Supreme Judicial Court
In this action, the demandant sued for her dower in certain lands and buildings, which were described in the count. Goodwin, the tenant, suffered a default, and judgment was rendered for the demandant according to the statute; the demandant’s damages being assessed by a jury, from the time of the demand of dower to the time of the judgment, at 250 dollars. The tenant moved for leave to review the action,' and filed his bond with sureties.
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In this action, the demandant sued for her dower in certain lands and buildings, which were described in the count. Goodwin, the tenant, suffered a default, and judgment was rendered for the demandant according to the statute; the demandant’s damages being assessed by a jury, from the time of the demand of dower to the time of the judgment, at 250 dollars. The tenant moved for leave to review the action,' and filed his bond with sureties. The question made for the determination of the Court, which was submitted without argument, was, whether the tenant is entitled, under the circumstances of…
1Opinion of the CourtParsons, C. J.
The statute of 1786, c. 66, authorizes reviews ; and it enacts that either party aggrieved at the judgment of the Supreme Judicial Court, where only one verdict has been given against him, may at any time within two years review the same cause, and have one trial more, which shall be upon the issue appearing on the record. By the uniform practice under this statute, the party aggrieved has never reviewed the cause, unless where there has * been an issue to the country, [ * 499 ] and a trial by a jury, and there have not been two verdicts against him. If there has been but one trial, and the…
2Cited by8 opinions
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- Solomons v. ChesleySupreme Court of New Hampshire · 1876
- Bank of Kentucky v. ConnerSupreme Court of Louisiana · 1849
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