Bemis v. Faxon
Massachusetts Supreme Judicial Court
This was an action of assumpsit. In the Court of Common Pleas, on the general issue pleaded, there was a verdict for the plaintiff, and, on motion of the defendant, judgment was arrested. Upon this the plaintiff appealed; and now T. B. Adams, for the defendant, moves the Court to dismiss the appeal. And he argued that an appeal lies to this Court only where a party is aggrieved at a judgment of the Court of Common Pleas.
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This was an action of assumpsit. In the Court of Common Pleas, on the general issue pleaded, there was a verdict for the plaintiff, and, on motion of the defendant, judgment was arrested. Upon this the plaintiff appealed; and now T. B. Adams, for the defendant, moves the Court to dismiss the appeal. And he argued that an appeal lies to this Court only where a party is aggrieved at a judgment of the Court of Common Pleas. Vide “ An Act establishing Courts of Common Pleas,” passed July 3, 1782. Here being no judgment rendered, there was nothing from which to [ * 142 ] appeal. In the act…
1Per curiam
The statute gives an appeal from every judgment of the Common Pleas to this Court. But it is contended that in this case there was no judgment, and so nothing to found an appeal upon. But if the court below did not see fit to render judgment according to the verdict, they ought to have entered another judgment, viz., That the plaintiff take nothing by his writ. We have, however, no doubt that the arresting of the judgment in this case, although a regular judgment was not entered, is such an act of the court, from which an appeal lies. If it were otherwise, the Court of Common Pleas would…
2Cases cited3 opinions
- Tappan v. BruenMassachusetts Supreme Judicial Court · 1809
- Wood v. RossMassachusetts Supreme Judicial Court · 1814
- Lamphear v. LampreyMassachusetts Supreme Judicial Court · 1808
3Cited by6 opinions
- Tappan v. BruenMassachusetts Supreme Judicial Court · 1809
- People ex rel. Brower & Delaney v. Judge of Wayne Co. CourtMichigan Supreme Court · 1850
- Wood v. RossMassachusetts Supreme Judicial Court · 1814
- Ting v. BornHawaii Supreme Court · 1913
- In Re KakaakoHawaii Supreme Court · 1928
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