¶1If we give judgment here, it must [ *446 ] be entered in Middlesex, as of the last term, and the records of that term will show that but one justice of the Court was present, who had no jurisdiction of appeals from the Court of Probate. We cannot enter the judgment here, being out of the county where the record is. So the complainant took nothing by his motion.
2 Mass. 445
Thaxter v. Weston
Massachusetts Supreme Judicial Court
Decided May 15, 1807
Massachusetts Supreme Judicial Court · decided 1807-05-15
Levi Thaxter was appointed guardian of the person and estate of a non compos by a decree of the Probate Court for the county of Middlesex. From that decree Abijah Weston claimed an appeal to the Supreme Court of Probate then next to be holden at Concord. in that county, • on the second Tuesday of April last. Weston failing to enter his appeal, Thaxter filed his complaint, praying affirmance of the decree of the court below.
Cited by 2 later decisions — most recently November 1886
2 state decisions
Cited in Cyclopedic (1922)’s definition of “Writ Of Error”
Good law ✅— No negative treatment on recordhow we know
Decided 1807-05-15
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