Tudor v. Peck

The points arising in this cause will sufficiently appear from the opinion of the Court as delivered by

Parsons, C. J.

The writ in this case was directed to the Common Pleas for the county of Suffolk, to send the record and proceedings of that court in the rendition of a judgment against the plaintiff in error, and in favor of the defendant in error. On examining the record, it appears that the proceedings in that court were not founded on a writ, but on certain rules of reference made by the parties pursuant to the statute of 1786, c. 21; and the Common Pleas can have no jurisdiction, unless…