Capen v. Inhabitants of Stoughton
Massachusetts Supreme Judicial Court
Petition entered at April term 1858 of the court of common pleas in Norfolk, setting forth that in November 1856 a town way was laid out over the land of the petitioners in Stoughton, and damages assessed therefor, by which the petitioners were aggrieved, and the county commissioners, upon their application and after due notice, issued a warrant for a reassessment of the damages by a jury; that a jury was impanelled and the case tried before them; that blank forms of verdict…
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Petition entered at April term 1858 of the court of common pleas in Norfolk, setting forth that in November 1856 a town way was laid out over the land of the petitioners in Stoughton, and damages assessed therefor, by which the petitioners were aggrieved, and the county commissioners, upon their application and after due notice, issued a warrant for a reassessment of the damages by a jury; that a jury was impanelled and the case tried before them; that blank forms of verdict for the petitioners and for the respondents were handed to them by the sheriff; that the jury agreed upon and filled…
1Opinion of the CourtBigelow, J.
If the facts stated in the petition are true, it is clear that the order of the court of common pleas, accepting the verdict of the jury and ordering it to be certified to the county commissioners, was improvidently made through the mistake of counsel, and that very great injustice would be done if the error could riot be in some way corrected.
We think it equally clear that the court had power at a subsequent term, in the exercise of a judicial discretion, on satisfactory proof that an erroneous entry had been made on the docket through mistake, to order the case to be brought forward for the…
2Cases cited3 opinions
- Ex parte CaykendollNew York Supreme Court · 1826
- Haight v. TurnerSupreme Court of Connecticut · 1852
- Rolette v. RoletteWisconsin Supreme Court · 1843
3Cited by5 opinions
- McGlone v. HaugerIndiana Court of Appeals · 1914
- State v. WilliquetteWisconsin Supreme Court · 1995
- Chalmers v. City of ChicagoAppellate Court of Illinois · 1980
- People v. RomeroCalifornia Supreme Court · 1982
- People v. RomeroCalifornia Supreme Court · 1982