Massachusetts Supreme Judicial Court, 1831

Brigham v. Elliot

Brigham v. Elliot
Massachusetts Supreme Judicial Court · Decided November 5, 1831
29 Mass. 172

Brigham v. Elliot

Opinion of the Court

It was held in this case, that where it appeared on a petition, that one had been charged as a trustee, in the Court of Common Pleas, by accident or mistake, when in truth he ought to have been discharged, it is within the power of this Court, under the statute, to grant him a writ of review, returnable in this Court, on which the judgment thus erroneously rendered may be corrected. St. 1791, c. 17, § 2.1

Upon the answers, trustee discharged.

Rev. Stat. c. 99, § 19.

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