Legal Opinion

Medcalf v. Swett

Superior Court of New Hampshire

Decided November 15, 1818PublishedCited by 2 opinions

THIS was a writ of error to the court of common pleas, in this county, brought to re verse a judgment Tendered there at February term, 1817, from which judgment it appeared That the plaintiff in error might have claimed an appeal. moved the court to quash the writ of error, as having issued improvidently, and contended that error did not lie in such a case. 4 Mass. II. 171. Savage vs. Gulliver. — 6 Alass. R. 4, ./arris vs. Blanchard. — 9 Mass. R. 228. Champion vs. Brooks.

1Per curiam

The law on this subject is the same in this state as in Massachusetts. It has often been decided here that error does not lie to reverse a judgment, from which an appeal might have been claimed.

Writ of error quashed.

2Cited by2 opinions

  1. Wallace v. BrownSuperior Court of New Hampshire · 1852
  2. Underwood v. BaileySupreme Court of New Hampshire · 1875