Legal Opinion
Whitwell v. Atkinson
Massachusetts Supreme Judicial Court
Decided March 15, 1810PublishedCited by 4 opinions
This was a writ of error, brought to reverse a judgment of the Court of Common Pleas for this county, rendered in favor of the plaintiff in error, who was also plaintiff in the original action. The error assigned was, that the judgment was rendered for too small a sum in damages, owing to a mistake in the calculation of the interest upon a promissory note, upon which the original action was brought.
1Per curiam
This is no ground for a writ of error. We cannot furnish the remedy desired, upon this process. Let the plain tiff in error file his petition for a new trial under the statute, and if the facts suggested should be substantiated upon the hearing, a new trial will be granted.
Plaintiff in error nonsuit.
2Cited by4 opinions
- Starbird v. EatonSupreme Judicial Court of Maine · 1856
- Henry v. SmootSupreme Court of Alabama · 1820
- McArthur v. StarrettSupreme Judicial Court of Maine · 1857
- West v. WhitneySuperior Court of New Hampshire · 1853