Warren v. Coombs
Supreme Judicial Court of Maine
Reported by Appleton, J. This is a proceeding in Error, to reverse the judgment of this court, in a suit in which Philip H. Coombs was plaintiff, and the said Warren defendant, under the provisions of the act of 1852, ch. 269, wherein the said Warren alleges that in the process, proceedings and judgment had before said court, at Bangor, aforesaid, at the January term of 1858, wherein said Coombs was plaintiff and said Warren defendant, there occurred the errors hereinafter…
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Reported by Appleton, J. This is a proceeding in Error, to reverse the judgment of this court, in a suit in which Philip H. Coombs was plaintiff, and the said Warren defendant, under the provisions of the act of 1852, ch. 269, wherein the said Warren alleges that in the process, proceedings and judgment had before said court, at Bangor, aforesaid, at the January term of 1858, wherein said Coombs was plaintiff and said Warren defendant, there occurred the errors hereinafter specified, by which the plaintiff was injured, and for which he therefore seeks that said judgment may be reversed,…
1Opinion of the CourtRice, J.
Error does not lie on a judgment rendered on an agreed statement of facts, submitted by the parties for the opinion and decision of the court. Alfred v. Saco, 7 Mass. R., 380; Carroll v. Richardson, 9 Mass. R., 329; Gray v. Storer, 10 Mass. R., 163. Nor where the facts proved before the jury are reported by the judge. Johnson v. Shed, 21 Pick. R., 225. Unless it be for an error disclosed by the *90record, which will not be cured by verdict. Smith v. Morse, 6 Maine R., 275.
No writ of error lies to examine a question of fact depending upon the evidence produced in the original suit, nor to…
2Cases cited2 opinions
- Inhabitants of Alfred v. Inhabitants of SacoMassachusetts Supreme Judicial Court · 1811
- Gray v. StorerMassachusetts Supreme Judicial Court · 1813