Wood v. Leach
Supreme Judicial Court of Maine
OST FACTS AGREED. Writ oe error, dated March 10, 1878, to reverse a judgment recovered in supreme judicial court, Knox county, March term, 1876, wherein said Nathan Leach was plaintiff and said James W. Wood was defendant, in which action the writ was dated August 18, 1875, entered in Knox county, September term, 1875. Service personal on defendant August 27, 1875 ; and in that action plaintiff’s claim was a promissory note, and defendant filed an account in offset, which…
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OST FACTS AGREED. Writ oe error, dated March 10, 1878, to reverse a judgment recovered in supreme judicial court, Knox county, March term, 1876, wherein said Nathan Leach was plaintiff and said James W. Wood was defendant, in which action the writ was dated August 18, 1875, entered in Knox county, September term, 1875. Service personal on defendant August 27, 1875 ; and in that action plaintiff’s claim was a promissory note, and defendant filed an account in offset, which was contested. At said March term, 1876, said action of Leach v. Wood was defaulted under an agreement that the defendant…
1Opinion of the Court
Appleton, O. J.
This is a wilt of error to reverse a judgment rendered on a default.
To reverse a judgment for error in law, the error must be one apparent, upon the record. Kirby v. Wood, 16 Maine, 81. Conway F. Ins. Co. v. Sewall, 54 Maine, 352. If no error appears upon the record, none will be presumed. Peebles v. Rand, 43 N. H. 337.
Before a judgment will be reversed, the record, or a transcript of the record, must be produced, for, without the record or its transcript, the court cannot know there is an error or what it may be. It is the duty of the plainliff in error to furnish the record…
2Cases cited5 opinions
- Jarvis v. BlanchardMassachusetts Supreme Judicial Court · 1809
- Lovett v. PellCourt for the Trial of Impeachments and Correction of Errors · 1839
- Wetmore v. PlantSupreme Court of Connecticut · 1825
- Southworth v. PackardMassachusetts Supreme Judicial Court · 1810
- Field v. First Massachusetts Turnpike Corp.Massachusetts Supreme Judicial Court · 1809