Southwoth v. Bradford
Massachusetts Supreme Judicial Court
The judgment complained of, the record of which was sent up from the Common Pleas for this county, upon the writ of error issued in this case, was rendered upon a report of referees, made under a rule acknowledged before a justice of the peace, pursuant to the statute of 1786, c. 21.
1Opinion of the Court
Curia.
The statute requires the report to be made at the next term, and in that case the Common Pleas are authorized to enter judgment. By the delay of making the report, whether through accident or design is immaterial, the rule became ipso facto discharged, the judgment was rendered without any legal authority, and it must be reversed. Vide the cases of Durell in error vs. Merrill, 1 Mass. Rep. 411., and Mott in error vs. Anthony, ante, page 489.
2Cases cited1 opinion
- Durell v. MerrillMassachusetts Supreme Judicial Court · 1805
3Cited by11 opinions
- Marx v. HanthornSupreme Court of the United States · 1893
- Holmes v. HuntMassachusetts Supreme Judicial Court · 1877
- Meunier's CaseMassachusetts Supreme Judicial Court · 1946
- Adams v. HoweMassachusetts Supreme Judicial Court · 1817
- Rich v. FlandersSupreme Court of New Hampshire · 1859
6 more not listed; retrieve them via the Exa API.