Holmes v. Wood
Massachusetts Supreme Judicial Court
The writ of error in this case issued to the Court of Common Pleas for this county, to remove the record of a judgment rendered there in favor of the defendant in error, upon an appeal made by the plaintiff in error, from a judgment given against him by a justice of the peace.
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The writ of error in this case issued to the Court of Common Pleas for this county, to remove the record of a judgment rendered there in favor of the defendant in error, upon an appeal made by the plaintiff in error, from a judgment given against him by a justice of the peace. The original suit was replevin of cattle by a writ issued by the justice, who, on issue joined before him, gave judgment, that Wood, the original defendant, recover against Holmes, the original plaintiff, one dollar damages and costs. From that judgment Holmes appealed to the Common Pleas ; and there Wood, waiving his…
1Opinion of the Court
Parsons, C. J
At common law, this judgment is undoubtedly erroneous, as the issue in fact, which was joined and tried, was found against the defendant, for whom, notwithstanding, the court below gave judgment for the damages, but not for a return of the cattle.
By the statute of 1783, c. 42, § 7, it is enacted, that in all civil actions triable before a justice of the peace, except in trespass where the title to real estate may come in question, the defendant shall be entitled to all evidence under the general issue, which he might by law avail himself of under a special plea in excuse or…
2Cited by7 opinions
- Wood v. Milly McGuire's ChildrenSupreme Court of Georgia · 1855
- Ray v. EnslinMassachusetts Supreme Judicial Court · 1799
- Dailey v. City of ColumbiaMissouri Court of Appeals · 1906
- Ramer v. FletcherSupreme Court of Alabama · 1856
- Simpson v. M'FarlandMassachusetts Supreme Judicial Court · 1837
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