Starbird v. Eaton
Supreme Judicial Court of Maine
On Exceptions from Nisi Prim, Appleton, J., presiding. Writ of Error to reverse a judgment recovered by the defendant against the plaintiff in error, at the April term, 1855. The plaintiff alleged five several errors, or assigned that number of grounds of error, in the proceedings; to all which the defendant pleaded there was no error.
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On Exceptions from Nisi Prim, Appleton, J., presiding. Writ of Error to reverse a judgment recovered by the defendant against the plaintiff in error, at the April term, 1855. The plaintiff alleged five several errors, or assigned that number of grounds of error, in the proceedings; to all which the defendant pleaded there was no error. The exceptions to the judgment chiefly relied on were:— 1. That six months interest upon a note was included in the judgment which was not declared for in the writ. 2. That the purported attestation of the note was a forgery. The presiding Judge, after…
1Opinion of the CourtAppleton, J.
The plaintiff in error, being duly summoned, was defaulted in the original action, the judgment in which he now seeks to reverse.
It is objected, that the notes upon which judgment was rendered, do not correspond with those set forth in the declaration. The purpose of a writ of error, is to enable the Justices of this Court to examine the record upon which a judgment has been rendered in this or in an inferior Court, and, on such examination, to affirm or reverse the adjudication. The Court will not take notice of a note described in the assignment of errors, as filed in the case, any more…
2Cases cited2 opinions
- Stores v. WhiteMassachusetts Supreme Judicial Court · 1811
- Whitwell v. AtkinsonMassachusetts Supreme Judicial Court · 1810
3Cited by1 opinion
- Elliott v. ShermanSupreme Judicial Court of Maine · 1952