Savage v. Gulliver
Massachusetts Supreme Judicial Court
This was a writ of error brought to reverse a judgment rendered by a justice of the peace. The original declaration was assvmpsit for money had and received, to the use of the original plaintiff, who is the plaintiff in error.
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This was a writ of error brought to reverse a judgment rendered by a justice of the peace. The original declaration was assvmpsit for money had and received, to the use of the original plaintiff, who is the plaintiff in error. The facts were agreed, before the justice, to be as follows: — The plaintiff had paid to the defendant the sum of [ * 172 ] * five dollars thirty-three cents, which the latter had demanded as clerk of a military company in Boston, in which the plaintiff was enrolled, that is to say, two dollars for a fine for his non-appearance at a muster of the company on the first…
1Opinion of the Court
The opinion of the Court was afterwards delivered as fol lows by
* Parsons, C. J.
The proceedings of a justice of the [* 178 ] peace, in an action commenced before him, in which either party aggrieved at his judgment might have appealed to the Court of Common Pleas, have been brought before us by writ of error. We are satisfied that the writ issued improvidently, and for that cause must be quashed.
Titis Court, from the powers given it, has a general jurisdiction to correct errors in the proceedings of inferior courts, either by writ of error or by certiorari, according to the nature of those…
2Cited by26 opinions
- Blankenburg v. CommonwealthMassachusetts Supreme Judicial Court · 1927
- The Santa MariaSupreme Court of the United States · 1825
- Smith v. RiceMassachusetts Supreme Judicial Court · 1814
- Rines v. Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1953
- Perkins v. BangsMassachusetts Supreme Judicial Court · 1910
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