Smith v. Franklin
Massachusetts Supreme Judicial Court
This was a writ of error brought by Matthias Smith, of W., in the county of Kennebeck, 1o reverse a" judgment recovered against him in the county of Bristol.
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This was a writ of error brought by Matthias Smith, of W., in the county of Kennebeck, 1o reverse a" judgment recovered against him in the county of Bristol. The judgment complained of was rendered in the Court of Common Pleas for the county of Bristol, in June term, 1786, in favor of Lemuel Franklin of S., in the county of Bristol, and Jabez Barney of S. aforesaid, “ which said Jabez Barney is administra tor of the goods and chattels, rights and credits, of Israel Barney, late of S., deceased,” against “ Matthias Smith of W., in the county of Lincoln, (a) on a note of hand made by Smith to…
1Opinion of the Court
After the order to reverse had been pronounced, it occurred to the Court, that the judgment complained of was rendered in the county of Bristol, upon which a doubt arose, whether the Court sitting in this county (Kennebeck) had jurisdiction ; that is, whether the writ of error ought not to have been made returnable in the county in which the original judgment had been rendered, (a) The Court took time to consider ; and on the next day. they said they were of opinion, that they had jurisdiction, and that the order to reverse must stand.
Judgment reversed, (b)
(Sedgwick, Sewall and Thacher,…
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