Stark v. Jenkins

Opinion by

Greene, Associate Justice.

Tbe provision of our law that error be taken within three months after the close of the term, in which judgment was rendered, is in the interest of the commonwealth, that there be an end of litigation and is mandatory on the courts.

At the expiration of the time limited the cause of action, trcmsit i/n rem judicatam, and no consent of parties nor willingness of judges can recall a controversy thus wisely, by limitation-of our law, passed into the realm of ended suits.

Motion sustained.

Lewis, Justice, dissented, resting his opinion upon the peculiar…