Massachusetts Supreme Judicial Court January 15, 1862 (Rice v. Nickerson)

Merrick, J.

By Gen. Sts. c. 114, § 8, it is provided that an action like the present, returnable to and pending in the superior court, may upon the request of the defendant, made at the return term, be removed to the supreme judicial court; and shall if he makes the prescribed affidavit be immediately transferred, with the papers therein, to the clerk of this court, and be by him forthwith