Whitney v. Cook
Massachusetts Supreme Judicial Court
The writ of error, in this case, was brought to reverse a judgment of the Court of Common Pleas for this county, rendered upon the report of referees appointed pursuant to the statute of 1786, c. 21.
1Opinion of the Court
The opinion of the Court was afterwards delivered by
Parsons, C. J.
There are two principal errors assigned in this case: — That the report was not made to the next Court of Common Pleas, pursuant to the statute; and that it was not competent for the parties to submit these several demands, by one rule before a justice.
If the first report had been made to the Court at the same term during which it had been agreed upon, and the judgment had been •then entered, it must have been reversed.
This process is considered by the statute as a species of action, and is so called. But it is not pending in…
2Cited by7 opinions
- Giles v. Royal InsuranceMassachusetts Supreme Judicial Court · 1901
- Blood v. RobinsonMassachusetts Supreme Judicial Court · 1848
- Boardman v. EnglandMassachusetts Supreme Judicial Court · 1809
- Brown v. MathesSuperior Court of New Hampshire · 1830
- Atwood v. YorkSuperior Court of New Hampshire · 1827
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