¶1The fact that an appeal was taken cannot be proved except by the record. Sayles v. Briggs, 4 Met. 421 Nor can the want of a record be supplied by the statements of the plaintiff in a petition filed by him. , Exceptions overruled, with costs in the courts below and in this court.
79 Mass. 394
Moore v. Lyman
Massachusetts Supreme Judicial Court
Decided September 15, 1859
Massachusetts Supreme Judicial Court · decided 1859-09-15
Action of contract, commenced before a justice of the peace in Franklin, who on the 10th of April 1858 gave judgment for the plaintiff.
Decided 1859-09-15