
    Josiah Brigham, Petitioner, versus Thomas J. Elliot.
    Petition for a review by a trustee.
    
      Cushing for the petitioner.
    
      Loud for the respondent, the plaintiff in the original action
    
      Nov. 5th
    
   It was held in this case, that where it appeared on a petition, that one had been charged as a trustee, in the Court of Common Pleas, by accident or mistake, when in truth he ought to have been discharged, it is within the power of this Court, under the statute, to grant him a writ of review, returnable in this Court, on which the judgment thus erroneously rendered may be corrected. St. 1791, c. 17, § 2.

Upon the answers, trustee discharged. 
      
       Rev. Stat. c. 99, § 19.
     