
    J. Pike versus Joseph Emerson.
    
      A party to a cause may, by agreement entered of record in the court of com-.-mon plea?, waive his right to appeal from the decision of that court.
    And such an agreement may be made by an attorney in the cause,
    Tins action wag commenced in the court of common pleas, and while the action was pending in that court, the following agreement was written and signed on the bacV of the writ :
    s'£ Grafton, ss. G. C. Pleas, September Term, 1829.
    J, Pike v. J. Emersos.
    In tins ease, it is agreed, that the judgment of this court, in this cause shall be final and conclusive if against the plaintiff, he hereby waiving his right of appeal, &.c, (Signed) Ilf T. Hadduck, for the plaintiff.
    
      W. Smith, for the defendant,”
    At February term of the common pleas, 1880-, -ths cause was tried, and a verdict returned for the defend* at, ig/w -b»- G’b w” T ' r'm"'1. . > 1 vc p'r.re iff ha „,g > ’or<JP m-' ’ ’ mb" dew c. . i. ⅛ „& m a ,, , - 1 t;iC = ,, n ,, s w-. > ^mí, o¿ The g»-o nid th J < ’*c 8 a” , ’ wu pr rh ded f cm sp pea m™ by dm ee.caV
    f , A ’ % , m' 1 1
    t, 0 ’ ~ ,, -> -
   Ff '> r £.

e’^’c u ’ ’ ryi’o ic.ncy ha ⅝ e"tho,h'r b’ ^a " "we "a " ’ ’i ⅛, m a wu&wkey; ic. b'ad'd che’ 1, '"i , 1, a ’’ "W' wit rmy, m many t ' a-, 1 " c < M rec¿l S A i%n fwawri pwebee 01 ; 'bn ' ' * '-'v c 'p«-u fm r -'vc' v p-j^g ughc or roma 7 *" 0 r a -> r ^ wp vM ’ w i,, yrh p ca^c a ur ’ ~f w co ill’'1 rn w'rcd b 1 an agreement by m atm’ rr to r Me *■ c ’ 1 e 1 ’ M uheg uprr h.v (-’lent 2, N.H. Rep. 520, Alton c. Gilmanton; 1 H. Bl. Camden v. Edie; 17 Johns. 461, Yates v. Russell; 12 Mass. Rep. 47, Haske;; v. Whitney; 16 Mass. Rep. 396, Buckland v. Conway ; 7 Cranch, 136, Holker v. Parker ; 4 N. H. Rep. 370, Fernald v. Ladd ; 7 Cowen, 744 ; 6 Cowen, 387.

The court has tire power, without doubt, in ease of fraud or mistake, to relieve a party from the effects of such an agreement. But while an agreement like that made by these parties in the court below, remains unini-peached, we are of opinion that no appeal can be prosecuted here.

Appeal dismissed.  