Boynton v. Foster

Decided March 15, 1844

Massachusetts Supreme Judicial Court · decided 1844-03-15

This action, in which the damages were laid at $1500, was entered in the court of common pleas at April term 1842. Foster, the principal defendant, appeared at that term, and the action was placed on the trial list. On the 11th day of said term, said Foster made application to have the action removed to the supreme judicial court, conformably to St. 1840, c. 87, ■§> 3, and the action was removed accordingly on that day.

Decided 1844-03-15

Shaw, C. J.

¶1It appears that this cause was rightly removed *416from the court of common pleas to this court, at the first term, pursuant to St. 1840, c. 87, § 3. The court are of opinion that, after such removal, the case in the court of common pleas was coram nonjudice ; that court had no jurisdiction ; and the judgment discharging the trustee was merely void, and no writ of error was necessary to reverse it.

¶2The trustee was bound to follow the cause, and to answer in this court; and a day must be fixed for him to answer.