Evans v. Hamlin
Massachusetts Supreme Judicial Court
Writ of error, to reverse a decree rendered by a single justice of this court in a suit in equity wherein the plaintiffs in error were the defendants. The defendants in error demurred generally to the writ and the assignment of errors, and the case was heard by Lathrop, J., who reserved it for the full court, upon the writ and the return thereof, the assignment of errors, and the pleadings. The facts sufficiently appear in the opinion.
1Opinion of the CourtField, C. J.
This is a writ of error from this court, sued out for the purpose of reversing a decree rendered in a suit in *240equity by the court when held by a single justice within and for the County of Suffolk. A writ of error lies where the proceedings are according to the course of the common law, but it does not lie in proceedings in equity unless it is authorized by statute. The customary remedy in equity to reverse a final decree for errors of law apparent on the record is by a bill of review. Elliott v. Balcom, 11 Gray, 286. There is no statute of this Commonwealth which authorizes a writ of error…
2Cases cited1 opinion
- Winchester v. WinchesterMassachusetts Supreme Judicial Court · 1876
3Cited by11 opinions
- Hyde Park Savings Bank v. DavankoskasMassachusetts Supreme Judicial Court · 1937
- Boston & Maine Railroad v. Town of GreenfieldMassachusetts Supreme Judicial Court · 1925
- Cherry v. CherryMassachusetts Supreme Judicial Court · 1925
- Nelson v. BaileyMassachusetts Supreme Judicial Court · 1939
- Nashua & Lowell Railroad v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1897
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