Legal Opinion

Andrews v. Bosworth

Massachusetts Supreme Judicial Court

Decided September 15, 1807PublishedCited by 9 opinions

The writ of error in this case was brought to reverse a judg merit of the Court of Common Pleas for this county, which was rendered upon an appeal from the judgment of a justice of the peace. The original action was trespass against the plaintiffs in error, and a third person, brought by the defendant in error, for an injury *o his horse.

1Opinion of the Court

Curia.

Sufficient cause to quash this writ appears on the face of the record certified to us ; and in such case the proper course is by motion (5).

Writ of error quashed.

[When judgment is given against several, any of them may bring a writ of error, but it must be in the names of all, for otherwise this inconvenience would ensue, that every defendant might bring a writ of error, and, by that means, delay the plaintiff from having the benefit of his judgment, though it should be affirmed once or oftener.—Arcb. Prac Com. Pl. 1 vol. p. 208, 209.—Ed.]

2Cited by9 opinions

  1. Boston Safe Deposit & Trust Co. v. WickhamMassachusetts Supreme Judicial Court · 1926
  2. Commonwealth v. WalkerMassachusetts Appeals Court · 1997
  3. Whitmore v. DelanoSuperior Court of New Hampshire · 1834
  4. Whitworth v. CarterMississippi Supreme Court · 1868
  5. Carey v. RiceSupreme Court of Georgia · 1847

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API