Raymond v. Butterworth

This is a writ of error to reverse a judgment of the Municipal Court of East Boston.

The first error assigned is, that, at the time of suing out the writ in that court, and of the rendition of the judgment, the cause of action alleged in the declaration did not exist, but bad been satisfied. Error in fact cannot be assigned when the matter of fact might have been put in issue and tried in the original suit. A party cannot retry his case upon error. Whether a right of action existed, or had been paid and satisfied, was a fact which the plaintiff in error should have tried in the original suit,…