Lamphear v. Lamprey
Massachusetts Supreme Judicial Court
At the Court of Common Pleas, this action was permitted to be entered on the 27th day of the term, after which Charles Smith, who was the defendant’s bail in this action, comes into Court, and for himself and his principal moves the Court that the action may be dismissed, or the plaintiff become nonsuit; suggesting, as a reason, that, since the beginning of the term, the defendant has left the state, although he was here, and ready to be surrendered, on the first day of the…
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At the Court of Common Pleas, this action was permitted to be entered on the 27th day of the term, after which Charles Smith, who was the defendant’s bail in this action, comes into Court, and for himself and his principal moves the Court that the action may be dismissed, or the plaintiff become nonsuit; suggesting, as a reason, that, since the beginning of the term, the defendant has left the state, although he was here, and ready to be surrendered, on the first day of the term, if the action had been then entered, as by law it ought to have been, and as it would have been, but for the…
1Opinion of the CourtParsons, C. J.
We are all of opinion that the appeal cannot be sustained. By statute, a party aggrieved at any judgment of the Common Pleas may appeal to this Court. The judgment is to be understood to be the final decision of the Court, except in interlocutory judgments in abatement, account, or partition, which are specially provided for. We say final decisions, for if the Court arrest the judgment, or send the parties out of Court without giving any judgment, — from such determination of the cause by the Court, in cases where an appeal lies, the aggrieved party may claim an appeal; and if it be…
2Cited by5 opinions
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- Ellis v. Atlantic & Pacific RailroadMassachusetts Supreme Judicial Court · 1883
- State v. BrownSupreme Judicial Court of Maine · 1883
- Commonwealth v. StevensMassachusetts Supreme Judicial Court · 1852