How v. How

Decided September 15, 1809

Massachusetts Supreme Judicial Court · decided 1809-09-15

This was an appeal from a decree of the judge of probate for this county, and being entered at a former term of this Court, now stood upon the continued docket. The first day of the term the appellant became nonsuit; whereupon Lincoln, of counsel for the respondent, moved for the affirmation of the decree below, and for costs.

Cited by 1 later decisions — most recently July 1860

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1809-09-15

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¶1By 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.

¶2 *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.

¶3Blake, for the appellant.