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Lemuel Tracy versus J. Perry, et a.
April 1, 1830 - Opinion
Lemuel Tracy versus J. Perry, et a.
Writs of error are judicial writs, and need not bo endorsed.
This was a writ of error, brought to reverse a judgment of the court of common pleas.
J. Parker, for the defendants in error,
moved the court to quash the writ of error, because it had not been endorsed, and he cited Tidd’s Frac. 1051, and 982, note a; 3 Greenleaf, 216; Clap v. Balclu
Hander&on, for the plaintiff.
By the court. We are of opinion, that neither writs of error, writs of review, nor writs of scire facias against bail and against endorsers of writs, are original writs within the meaning of the statute, which requires such writs to be endorsed. They are judicial, and not original writs. 3 Bl. Com. 282; 16 Mass. Rep. 74, Grosvenor v. Danforth; 9 Mass. Rep. 217, Campbell v. Stiles. The writ cannot therefore be quashed on this ground.
Case records
Open case page| Date | Record Text | Type | Party | |
|---|---|---|---|---|
| April 1, 1830 | Lemuel Tracy versus J. Perry, et a. Current page | Opinion | Supreme Court | Reporter |