Riley v. Waugh
Massachusetts Supreme Judicial Court
This was a writ of error to reverse a judgment of this court, rendered at the October term for this county, 1845. The action, in which the judgment was rendered, was a writ of entry commenced in the court of common pleas, by Waugh against Riley, to recover a tract of land, of which Waugh claimed to be seized in fee and in mortgage.
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This was a writ of error to reverse a judgment of this court, rendered at the October term for this county, 1845. The action, in which the judgment was rendered, was a writ of entry commenced in the court of common pleas, by Waugh against Riley, to recover a tract of land, of which Waugh claimed to be seized in fee and in mortgage. After trial and verdict in favor of Waugh in the court of common pleas, the action was removed on exceptions to this court, which overruled the exceptions, and rendered a conditional judgment in favor of Waugh for the possession of the land. Riley now assigned as…
1Opinion of the CourtShaw, C. J.
Error in fact cannot be assigned, where it contradicts the record, and where the matter of fact might have been put in issue and tried, and a fortiori, when it is 'n fact put in issue and tried. 2 Wms. Saund. 101, note» *222Were it otherwise, it would always be competent for a party, against whom judgment is rendered, to sue out a writ of error, and assign for error, that the facts on which the judgment proceeded were not true, and thus obtain a new trial. Matter of fact, which contradicts the record, is not assignable for error, and therefore the plea in millo est erratum, does not admit the…
2Cases cited1 opinion
- Whiting v. CochranMassachusetts Supreme Judicial Court · 1813
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