Otis v. Walter

March 12th. THIS cause was argued by the Attorney-General for the plaintiff in error, and by Mr. Webster and Mr. Wheaton for the defendant in error.1 a This is an action of trover brought by the defendant in error, against the plaintiff and others, in the Court of Common Pleas, held at Boston, within and for the county of Suffolk, to recover the value of eighty-six barrels of flour, and sundry other articles, in which judgment was recovered against the plaintiff in error, from which judgment there was an appeal to the Supreme judicial Court, which is the highest Court of law in the commonwealth of Massachusetts, in which judgment was rendered against the plaintiffs in error, for the sum of $2,488.75 cents, and costs of suit, and in favour of the other defendants. On the judgment, the defendant below, William Otis, has prosecuted a writ of error to this Court, under the 25th section of the Judiciary Act of the United States; and we are now to decide whether there was any error in the direction given by the judge before whom this action was tried, and which appears on the bill of exceptions attached to the record in this cause.