Wellington v. Stratton
Massachusetts Supreme Judicial Court
The plaintiff declares in a plea of debt, for that the said J. S., on the 2d of January, 1813, before L. Bigelow, Esq., one of the justices of the peace, &c., acknowledged himself to be indebted to the plaintiff in the sum of 20 dollars, which he consented to be levied of his goods, &c., with condition that the same recognizance should be void if one Jonas Batchelder should prosecute an appeal by him made from a judgment given against him in favor of the plaintiff at a court…
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The plaintiff declares in a plea of debt, for that the said J. S., on the 2d of January, 1813, before L. Bigelow, Esq., one of the justices of the peace, &c., acknowledged himself to be indebted to the plaintiff in the sum of 20 dollars, which he consented to be levied of his goods, &c., with condition that the same recognizance should be void if one Jonas Batchelder should prosecute an appeal by him made from a judgment given against him in favor of the plaintiff at a court holden before the said justice, at the next Circuit Court of Common Pleas, &c., and should pay all intervening damages…
1Opinion of the CourtJackson, J.
It has been decided that a writ of error does not lie upon a judgment rendered on a case stated by the parties for the opinion of the Court. (1) By this expression it is not meant that the Court of Errors has no jurisdiction of the cause which is brought before them. They must adjudge upon the record, which is removed by the writ of error: and accordingly, in the case cited, the court did affirm the judgment complained of.
The principle established is, that, when the parties have agreed, that a certain judgment shall be rendered for either of them, according to the opinion of the judges, on a…
2Cases cited3 opinions
- Forseth v. ShawMassachusetts Supreme Judicial Court · 1813
- Oxnard v. DeanMassachusetts Supreme Judicial Court · 1813
- Gray v. StorerMassachusetts Supreme Judicial Court · 1813
3Cited by3 opinions
- Walbridge v. HallSupreme Court of Vermont · 1830
- Bacon v. WardMassachusetts Supreme Judicial Court · 1813
- Pennock v. SmithSupreme Judicial Court of Maine · 1942