
    Levi Thaxter versus Abijah Weston.
    fudgment cannot be rendered by the full Court, in an action continued nisi from a Court in another county holden by a single judge, if the last-mentioned Court had not ultimate jurisdiction of the action.
    Levi Thaxter was appointed guardian of the person and estate of a non compos by a decree of the Probate Court for the county of Middlesex. From that decree Abijah Weston claimed an appeal to the Supreme Court of Probate then next to be holden at Concord. in that county, • on the second Tuesday of April last. Weston failing to enter his appeal, Thaxter filed his complaint, praying affirmance of the decree of the court below. One judge only being present at the Court in Concord, the complaint was continued nisi. And now at this term, three justices being present, Bartlet, for the complainant, moved the Court for judgment upon the complaint.
   * By the Court.

If we give judgment here, it must [ *446 ] be entered in Middlesex, as of the last term, and the records of that term will show that but one justice of the Court was present, who had no jurisdiction of appeals from the Court of Probate. We cannot enter the judgment here, being out of the county where the record is. So the complainant took nothing by his motion.  