Ide v. Cleworth
Massachusetts Supreme Judicial Court
Writ of error. The defendants in error recovered a judgment, in the court of common pleas held in the county of Essex, against Ebenezer A. Bishop. Upon the decease of said Bishop, William Ide, of Seekonk, was appointed administrator of his estate, and brought this writ of error, in the county of Bristol, to reverse the aforesaid judgment.
1Opinion of the CourtMetcalf, J.
We cannot take cognizance of this writ. It should have been brought in the county of Essex, where the judgment, which it seeks to reverse, was rendered. By the Rev. Sts. c. 82, § 20, “ final judgments in civil actions, in the court of common pleas, may be reexamined upon a writ of error, and reversed or affirmed, in the supreme judicial court held for the same county, for any error in law or in fact.” Whatever may previously have been the law or the practice on this point, (Smith v. Franklin, 1 Mass. 480; Pembroke v. Abington, 2 Mass. 142;) we are of opinion that, under the foregoing statute…
2Cases cited2 opinions
- Inhabitants of Pembroke v. Inhabitants of AbingtonMassachusetts Supreme Judicial Court · 1806
- Smith v. FranklinMassachusetts Supreme Judicial Court · 1805