Massachusetts Supreme Judicial Court, 1813

Gray v. Storer

Gray v. Storer
Massachusetts Supreme Judicial Court · Decided May 15, 1813
10 Mass. 163
Gray v. Storer

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

Upon inspecting the record, and finding the judgment to have been rendered on a statement of facts agreed by the [*164] * parties, the Court ordered the plaintiff m error to become nonsuit, and he was called accordingly. (1) Davis (Solicitor-General) for the plaintiff in error.

*173ADDITIONAL NOTE.

[Error does not lie, where the facts proved before the jury are, by consent of par ties, reported by the judge for the opinion of the Court. — Johnson vs. Shed, 21 Pick. 225.

Nor, where a cause is by agreement referred to an auditor, voluntarily chosen by the parties, to report the amount due the plaintiff's, does error lie upon a judgment founded on such report. — Allen vs. Myers, 5 Rawle, 335

But see Smith vs. Moore, 6 Greenl. 274.

See Ward vs. Crenshaw, 4 Yerg. 197__F. H.]

72-16"> 7 Mass. Rep. 380, Alfred vs Saco.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.