Skipwith v. Hill
Massachusetts Supreme Judicial Court
Error on a judgment of the Court of Common Pleas for this tounty, in January, 1798. The original writ, on which that judgment was founded, was served in June, 1795, by leaving an attested copy at the last and usual place of abode of Skipwith, the original defendant, and by summoning a number of persons as his trustees. Skipwith never appeared in the action, and in July, 1797, was defaulted.
Read the full summary
Error on a judgment of the Court of Common Pleas for this tounty, in January, 1798. The original writ, on which that judgment was founded, was served in June, 1795, by leaving an attested copy at the last and usual place of abode of Skipwith, the original defendant, and by summoning a number of persons as his trustees. Skipwith never appeared in the action, and in July, 1797, was defaulted. And now Parsons moved, on the part of Hill, to quash the writ of error, on the ground that an appeal lay in the case; and he stated it to be a rule of the Court that, where a party was entitled to an…
1Opinion of the CourtParker, J.
If the plaintiff in error had appealed from this judgment, which was rendered upon default, he would have had no day in this Court. The rule suggested, if any such exists, [ * 36 ] * could never apply to this case. I think the writ should be supported.
Thatcher, J.
I know no such rule as this stated by Mr. Par sons. I am for sustaining the writ of error.
Sedgwick, J.
If an erroneous judgment, even of our own Court, is shown to us, we reverse it on a writ of error, which is a writ gran table ex debito justitice. If. we are satisfied that the judgment in this case ought not to have been rendered,…
2Cases cited2 opinions
- Savage v. GulliverMassachusetts Supreme Judicial Court · 1808
- Putnam v. ChurchillMassachusetts Supreme Judicial Court · 1808
3Cited by9 opinions
- MacEachern v. S. S. White Dental Manufacturing Co.Massachusetts Supreme Judicial Court · 1939
- Sullivan v. LaCrosse & Minnesota Steam Packet Co.Supreme Court of Minnesota · 1865
- Elliott v. BalcomMassachusetts Supreme Judicial Court · 1858
- Hersey v. WeemanSupreme Judicial Court of Maine · 1921
- Galusha v. CobleighSuperior Court of New Hampshire · 1842
4 more not listed; retrieve them via the Exa API.