M'Fadden v. Otis
Massachusetts Supreme Judicial Court
This was an action of trover for the conversion of 650 barrels of flour, the property of the plaintiff. At the trial upon the general issue, at the last November term, before Parker, J., a verdict was found for the plaintiff, agreeably to the directions of the judge who sat in the trial.
Read the full summary
This was an action of trover for the conversion of 650 barrels of flour, the property of the plaintiff. At the trial upon the general issue, at the last November term, before Parker, J., a verdict was found for the plaintiff, agreeably to the directions of the judge who sat in the trial. The defendants moved for a new trial on the ground of this direction being against law, and requested the judge to report the evidence and his direction, they waiving their right to review the cause. This report was made, and the motion for a new trial argued. After the Court had expressed * an [ * 324 ]…
1Opinion of the Court
*265It was then observed to him by the Court, that the report of the judge was not made a part of the record, and as the nature of the defence, resting on the embargo laws, was apparent only from the report, he could have no relief by error to the Supreme Court of the United States; and that if he had contemplated a writ of error, he ought either to have filed a bill of exceptions, or requested a special verdict.
The district attorney then moved that the defendants might be restored to a right to review the cause, that upon the trial on review he might file a bill of exceptions, or have the facts…
2Cited by4 opinions
- Lenox v. PikeSupreme Court of Arkansas · 1839
- Ryder v. Phœnix InsuranceMassachusetts Supreme Judicial Court · 1869
- Bowditch Mutual Fire Insurance v. WinslowMassachusetts Supreme Judicial Court · 1855
- Parker v. Inhabitants of FraminghamMassachusetts Supreme Judicial Court · 1844