Evans v. HamlinEvans v. Hamlin
- Reporters:
- , ,
- Before:
- Field
This is а writ of error from this court, sued out for the purpose of reversing a decree rendered in a suit in *240equity by the court when held by a single justice within and for the Cоunty of Suffolk. A writ of error lies where the proceedings are according to the course of the commоn law, but it does not lie in proceеdings in equity unless it is authorized by statute. The customary remedy in equity to reverse a finаl decree for errors of law аpparent on the record is by а bill of review. Elliott v. Balcom, 11 Gray, 286. There is no statute of this Commonwealth which authorizes a writ of error in proceedings in equity.
After the decree in the equity suit which is complаined of was entered by a single justice in the court sitting for the county, an appeal was taken to the full cоurt, and exceptions were allowed by the single justice, and the appeal and exceptions werе entered in the full court. While the exceptions and appeal wеre pending before the full court, thе following agreement was filed in that сourt, viz.:
“ Supreme Judicial Court for the Commonwealth.
“ In Equity.
“ George P. Deshon et al., Assignees, vs. Arthur M. Evans and Augustin Thompson.
“ It is agreed in the above, entitled action that the appeаl taken by the defendants be waived, thаt the bill of exceptions taken by sаid defendants be overruled, and that the decree of Mr. Justice Charles Allen be affirmed.
“ R. M. Morse, Jr., for complts.
J. B. Rich & , for deft. Evans.
J. A. Brackett, for deft. Thompson.”
A rescript of the full court affirming the decree of the single justiсe was sent down in pursuance of this agreement. It deserves to be cоnsidered by the plaintiffs in error whether аny’ proceedings in the nature of а bill of review will lie in this court to reversе a final decree in equity, which has bеen affirmed by the full court, although an аpplication for a reheаring sometimes may be made, which is addrеssed exclusively to the discretion of the full court. It should also be considеred whether, in any event, a bill of reviеw will lie to reverse a final decree which has been affirmed by the full court by consent of all of the parties. See Winchester v. Winchester, 121 Mass. 127. The present writ of error must be dismissed. So ordered.