Wilson v. Mower
Massachusetts Supreme Judicial Court
The judgment, the record of which was removed by this writ of error, was rendered in the Court of Common Pleas for this county, December term, 1808, in an action commenced before a justice oí the peace, to recover the sum of nine dollars, forty-five cents, for so much money laid out and expended by Mower for the use of Wilson, and carried by appeal to the Common Pleas.
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The judgment, the record of which was removed by this writ of error, was rendered in the Court of Common Pleas for this county, December term, 1808, in an action commenced before a justice oí the peace, to recover the sum of nine dollars, forty-five cents, for so much money laid out and expended by Mower for the use of Wilson, and carried by appeal to the Common Pleas. As, by the statute of 1803, c. 154. <§> 5., no appeal lies to this Court, where the sum demanded is less than fifty dollars, the plaintiff in error filed his bill of exceptions, to the direction of the Court in a matter of law…
1Opinion of the Court
The opinion of the Court was afterwards delivered to the following effect by
Parsons, C. J.
The record before us shows that the Common Pleas were of opinion, that the facts offered in evidence by the plaintiff in error were not to be inquired into, as being irrelevant to the is sue on trial; and that the judgment, execution, and satisfaction of the execution by the defendant in error, were conclusive evidence against the plaintiff in error; that the jury were directed agreeably to this opinion, and found a verdict pursuant to the direction.
We are satisfied that this opinion was wrong and…
2Cited by6 opinions
- Warren v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1895
- Tebbetts v. TiltonSuperior Court of New Hampshire · 1855
- Bliss v. United StatesU.S. Circuit Court for the District of Eastern Missouri · 1889
- Holelua v. KapuHawaii Supreme Court · 1885
- United States v. BaconU.S. Circuit Court for the District of Northern New York · 1877
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