Barker v. Lothrop

1 Root 223

Opinion

The judgment of the City Court was affirmed.

As to the 1st exception in error — It is obviated by the writ’s not being served until the 25th of February when the time of service for February court had expired.

As to the 2d ■ — ■ The action was well in court, and if there was not a quorum of judges present to try it, it would have been continued of course.

As to the 3d — The court said if this was the first case of the kind that had come up, they should be of opinion that an appeal ought to be granted; but the precedents are the other way; and upon the ground of precedents the court determined that there was nothing erroneous.

The judgment was afterwards reversed in the Supreme Court of Errors, for the following reasons, viz.