Burrell v. Burrell
Massachusetts Supreme Judicial Court
The writ of review in this case was in common form, and was brought to reverse a judgment rendered in this Court, in this county, May term, 1811, in favor of the defendant in review, for his costs.
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The writ of review in this case was in common form, and was brought to reverse a judgment rendered in this Court, in this county, May term, 1811, in favor of the defendant in review, for his costs. This action was entered at the last September term, in this county, when the defendant in review moved the Court that this writ of review be dismissed, because a former writ of review was sued out by the now plaintiff in review upon the same judgment, and by him entered in this Court, at the last May term, in this county; and the same was afterwards in the same term discontinued by the now…
1Opinion of the CourtSew all, J.
A writ of review is a writ of right, in the nature of a scire facias to hear errors, in a record or process remaining with the court. It *228is issued by the officer of the court, and in that respect may be regarded as of the nature of a judicial writ. It is, however, sometimes issued in the form of a capias and attachment, and with the same efficacy, and seems therefore to be, to some purposes, an original writ. As a judicial writ, issued by the officer of the court, their power over it, to amend it, may be considered as more extensive than their power respecting original writs; for the errors…
2Cited by10 opinions
- Lynn Gas & Electric Co. v. Creditors National Clearing HouseMassachusetts Supreme Judicial Court · 1920
- Trustees of Amherst College v. AllenMassachusetts Supreme Judicial Court · 1896
- Young v. HosmerMassachusetts Supreme Judicial Court · 1814
- Hayes v. CollinsMassachusetts Supreme Judicial Court · 1873
- Jewett v. DringerNew Jersey Court of Chancery · 1879
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