Massachusetts Supreme Judicial Court, 1809

How v. How

Massachusetts Supreme Judicial Court · Decided September 15, 1809

5 Mass. 375

Cases that cite this one

1 later published case cites this decision.

State v. White (N.H. 1860)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

By the Court. This cannot be granted upon motion. When an appellant fails in the prosecution of his appeal to effect, and the adverse party would have the benefit of the decree below, he must file his complaint, praying for affirmation and costs.

*293Afterwards, Lincoln filed a complaint, and the Court affirmed the decree of the judge of probate, awarded costs for the respondent, and ordered a transcript of the record to be sent to the judge of probate for his government.

Blake, for the appellant.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.