Southwoth v. Bradford

5 Mass. 524

Opinion

Curia.

The statute requires the report to be made at the next term, and in that case the Common Pleas are authorized to enter judgment. By the delay of making the report, whether through accident or design is immaterial, the rule became ipso facto discharged, the judgment was rendered without any legal authority, and it must be reversed. Vide the cases of Durell in error vs. Merrill, 1 Mass. Rep. 411., and Mott in error vs. Anthony, ante, page 489.