Mathews v. Morrison

Supreme Court of Rhode Island

Mathews v. Morrison

13 R.I. 309, 1881 R.I. LEXIS 22

Supreme Court of Rhode Island·Decided May 7, 1881·Published·Cited by 1 cases

Opinion

Per Curiam.

We are of opinion that the in-

accuracies in the bond, being simply inaccuracies in the description of the judgment appealed from, which judgment is otherwise identified, are not fatal to the bond, the maxim Falsa demonstratio non noeet being applicable. Broom’s Legal Maxims, 629, 644. The words in which the error occurs can be stricken out as surplusage and the bond will be good. Llewellyn v. Earl of Jersey, 11 M. & W. 183, 189; Adler v. Potter, 57 Ala. 571, 573. See also Bennehan v. Webb, 6 Ired. 57; Cully v. Cully, 1 Hawks, 20.

The exceptions are sustained, and the case remitted to the Court of Common Pleas for trial. Exceptions sustained.

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Per Curiam.

We are of opinion that the in-

accuracies in the bond, being simply inaccuracies in the description of the judgment appealed from, which judgment is otherwise identified, are not fatal to the bond, the maxim Falsa demonstratio non noeet being applicable. Broom’s Legal Maxims, 629, 644. The words in which the error occurs can be stricken out as surplusage and the bond will be good. Llewellyn v. Earl of Jersey, 11 M. & W. 183, 189; Adler v. Potter, 57 Ala. 571, 573. See also Bennehan v. Webb, 6 Ired. 57; Cully v. Cully, 1 Hawks, 20.

The exceptions are sustained, and the case remitted to the Court of Common Pleas for trial. Exceptions sustained.

Mathews v. Morrison, 13 R.I. 309, 1881 R.I. LEXIS 22 (R.I. 1881).

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Opinion

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