Gray v. Storer
Massachusetts Supreme Judicial Court
This was a writ of error, brought to reverse a judgment of this court, rendered February term,’ 1802, between these parties, a report of which was given in the supplement to the second volume of these reports, (p. 565.)
1Opinion of the Court
Upon inspecting the record, and finding the judgment to have been rendered on a statement of facts agreed by the [*164] * parties, the Court ordered the plaintiff m error to become nonsuit, and he was called accordingly. (1) Davis (Solicitor-General) for the plaintiff in error.
*173ADDITIONAL NOTE.
[Error does not lie, where the facts proved before the jury are, by consent of par ties, reported by the judge for the opinion of the Court. — Johnson vs. Shed, 21 Pick. 225.
Nor, where a cause is by agreement referred to an auditor, voluntarily chosen by the parties, to report the amount due the plaintiff's,…
2Cases cited2 opinions
- Inhabitants of Alfred v. Inhabitants of SacoMassachusetts Supreme Judicial Court · 1811
- Allen v. MyersSupreme Court of Pennsylvania · 1835
3Cited by3 opinions
- Wellington v. StrattonMassachusetts Supreme Judicial Court · 1814
- Inhabitants of Richmond v. ToothakerSupreme Judicial Court of Maine · 1879
- Warren v. CoombsSupreme Judicial Court of Maine · 1857