
    BURGESS MEDCALF, PLAINTIFF IN ERROR, versus BENJAMIN SWETT.
    A writ of error does not lie to reverse a judgment of the court of common pleas, from which an appeal might have been claimed. :
    THIS was a writ of error to the court of common pleas, in this county, brought to re verse a judgment Tendered there at February term, 1817, from which judgment it appeared That the plaintiff in error might have claimed an appeal.
    
      J. Bell, of counsel for the defendant in error,
    moved the court to quash the writ of error, as having issued improvidently, and contended that error did not lie in such a case. 4 Mass. II. 171. Savage vs. Gulliver. — 6 Alass. R. 4, ./arris vs. Blanchard. — 9 Mass. R. 228. Champion vs. Brooks.
    
    ¿VeisoM, for the plaintiff.
   Per curiam.

The law on this subject is the same in this state as in Massachusetts. It has often been decided here that error does not lie to reverse a judgment, from which an appeal might have been claimed.

Writ of error quashed.  