York v. Noyes
Massachusetts Supreme Judicial Court
The plaintiff, having regularly appealed from a judgment of the Common Pleas to this Court holden at Ipswich - on the fourth Tuesday of April last, had by some accident failed to enter his appeal.
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The plaintiff, having regularly appealed from a judgment of the Common Pleas to this Court holden at Ipswich - on the fourth Tuesday of April last, had by some accident failed to enter his appeal. He now moves the Court that he may enter his appeal as of the last term, and that the cause may be brought forward to the docket of the present term, (the defendant here in Court consenting to it,) that he may not be driven to his petition provided by the first section of the statute of 1791, c. 17.
1Opinion of the Court
The Court
granted the motion, observing that it might unqufes* *566tionably be done by consent, so as to bind the parties, but not to prejudice the bail, or affect t.he rights of subsequent attaching creditors.
2Cited by1 opinion
- Daley v. FrancisMassachusetts Supreme Judicial Court · 1891