Ex parte Weston
Massachusetts Supreme Judicial Court
This was an application to the Court for a certiorari to issue to the Court of Common Pleas, and suggesting certain errors in the record of a certain action or process under the act for the support and regulation of mills.
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This was an application to the Court for a certiorari to issue to the Court of Common Pleas, and suggesting certain errors in the record of a certain action or process under the act for the support and regulation of mills. (1) Two objections were made to the record: The first, that, aftei a verdict taken April term, 1810, and a continuance of the process to the following July term, there was no further continuance, the action not being on the docket at the next November term, and at the ensuing term in April a warrant was issued to the sheriff for a jury to estimate the damages, &c. Thus…
1Opinion of the CourtParker, C. J.
This is an application to the discretion of the Court to grant a certiorari, upon the suggestion that there is substantial error in the proceedings in the court below, for which cause they ought to be quashed.
The Court, before granting a certiorari, will always look into the record, and even into the circumstances attending [ *418 ] *the process; because, when the record is actually returned in obedience to the writ of certiorari, they are bound to quash the whole proceedings, if error should appear And this may in many cases prejudice one party, to the benefit of another, who may have suffered…
2Cited by15 opinions
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- People ex rel. Church v. Supervisors of AlleganyNew York Supreme Court · 1836
- State ex rel. Hamilton v. GuinotteSupreme Court of Missouri · 1900
- Gibson v. HeirsSupreme Court of Missouri · 1869
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