Perkins v. Bangs
Massachusetts Supreme Judicial Court
Writ oe error to reverse a judgment of the Municipal Court of the City of Boston issuing a new execution in an action of contract in which on March 2, 1900, the defendant in error recovered judgment against the plaintiffs in error, the defendant in error not being able to hold certain real estate which under a former execution was levied upon as belonging to the plaintiff in error Richardson but standing in the "name of one Cora L. Richardson, and the plaintiff in error, in…
Read the full summary
Writ oe error to reverse a judgment of the Municipal Court of the City of Boston issuing a new execution in an action of contract in which on March 2, 1900, the defendant in error recovered judgment against the plaintiffs in error, the defendant in error not being able to hold certain real estate which under a former execution was levied upon as belonging to the plaintiff in error Richardson but standing in the "name of one Cora L. Richardson, and the plaintiff in error, in response to a writ of scire facias issued at the request of the defendant in error under the provisions of R. L. c. 178,…
1Opinion of the CourtBraley, J.
By Rev. Sts. c. 112, § 15, which was re-enacted without any material change in Gen. Sts. c. 146, § 18, Pub. Sts. c. 187, § 15, and R. L. c. 193, § 2, proceedings upon writs of error, whether relating to the assignment of errors, the pleadings, the judgment, and all other matters not expressly provided for, are to be according to the course of the common law, except as modified by the practice and usage in this Commonwealth. Notwithstanding the rule of the common law was to the contrary, it is settled in our practice, that when a writ of error is used to review a final judgment, errors of fact…
2Cases cited27 opinions
- Winder v. CaldwellSupreme Court of the United States · 1853
- Owens v. HenrySupreme Court of the United States · 1896
- Savage v. GulliverMassachusetts Supreme Judicial Court · 1808
- Jarvis v. MitchellMassachusetts Supreme Judicial Court · 1868
- Johnson v. WaterhouseMassachusetts Supreme Judicial Court · 1891
22 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Blankenburg v. CommonwealthMassachusetts Supreme Judicial Court · 1927
- Dolan v. CommonwealthMassachusetts Supreme Judicial Court · 1939
- Donnelly v. MontagueMassachusetts Supreme Judicial Court · 1940
- KeenanMassachusetts Supreme Judicial Court · 1941
- Hanzes v. FlavioMassachusetts Supreme Judicial Court · 1920
30 more not listed; retrieve them via the Exa API.