Opinion

Inhabitants of Leyden v. Sweeney

  • 118 Mass. 418
  • 1875 Mass. LEXIS 389
Court
Massachusetts Supreme Judicial Court
Filed
Sep 25, 1875
Status
Published
Author
Gray
On the bench
Gray
Cited by
1 cases
Authority
More cited than 45.7%

The opinion

Gray, C. J.

The appeal from the judgment of the justice of the.peace appears by his record to have been taken by the town, and does not appear to have been claimed in its behalf by a person unauthorized to represent it. The appeal would open to the appellant, in the Superior Court, the whole case, as to the law, the facts and the judgment, and render immaterial any irregularities in the judgment appealed from. Commonwealth v. O’Neil, 6 Gray, 343 . Commonwealth v. Calhane, 108 Mass. 431 . Commonwealth v. Sheehan, Ib. 432 note. Wallace v. Brown, 5 Foster, 216 . The appeal not having been entered in the Superior Court, that court, upon the complaint of the adverse party, rightly affirmed the judgment of the justice of the peace. Gen. Sts. C. 120, § 27. Noyes v. Sherburne, 117 Mass. 279 . No error being shown in the judgment of the Superior Court, it must be

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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