Rochester v. Roberts
Superior Court of New Hampshire
Error. The writ of error was dated August 7,1851, was brought to reverse a judgment in the common pleas, and was returnable at the following December term of this court, at which time it was returned; but no transcript of the record of the judgment which it was brought to reverse was sent up, nor was there any return made to or upon the writ.
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Error. The writ of error was dated August 7,1851, was brought to reverse a judgment in the common pleas, and was returnable at the following December term of this court, at which time it was returned; but no transcript of the record of the judgment which it was brought to reverse was sent up, nor was there any return made to or upon the writ. The writ of error undertook to recite the declaration in the original action, which contained fifteen counts, and in so doing omitted to insert one of the counts. The scire facias was dated on the same day with the writ, and was served on the 9th of…
1Opinion of the CourtEastman, J.
Very few questions have arisen in this State as to the practice appertaining to writs of error. The motion made in this case, however, necessarily involves an inquiry to some extent as to what the practice should be.
The first ground taken for dismissing this writ is, that no assignment of errors has been duly made.
We find among the papers produced, an assignment of errors purporting to have been made at the December term of this court, 1851, being the term at which the writ was returnable. The latter part of the objection, then, that no assignment of errors had been filed before the close of…
2Cases cited9 opinions
- Commonwealth v. SheldonMassachusetts Supreme Judicial Court · 1807
- Inhabitants of Pembroke v. Inhabitants of AbingtonMassachusetts Supreme Judicial Court · 1806
- Roebuck v. DupreySupreme Court of Alabama · 1841
- Dutton v. TracySupreme Court of Connecticut · 1822
- Huse v. GrimesSuperior Court of New Hampshire · 1820
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