Pratt v. Bidwell
| Decision Date | 02 March 1900 |
| Citation | 175 Mass. 453,56 N.E. 707 |
| Parties | PRATT v. BIDWELL. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
John
T. Wilson, for plaintiff.
This is a writ of error upon a judgment of the superior court in a writ of entry. The error alleged is that, by mistaken figures in a plan giving a measurement which the scale of the plan showed to be wrong, every one was misled at the trial, and the defendant in error recovered a strip of land to which she was not entitled. In short, it is an attempt to retry a case upon its merits by writ of error, on the ground that the time for review has gone by, and that otherwise the plaintiff in error will suffer wrong. A writ of error has no such function. 'A party cannot retry his case upon error.' Raymond v. Butterworth, 139 Mass. 471, 1 N.E. 126. 'Error in fact cannot be assigned when it contradicts the record, and where the matter of fact might have been put in issue and tried, and, a fortiori, when it is in fact put in issue and tried.' Riley v. Waugh, 8 Cush. 220, 221; Bodurtha v. Goodrich, 3 Gray, 508, 512; Gray v. Cook, 135 Mass. 189, 190.
Writ of error dismissed.
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