Greenwood v. Bradford
Massachusetts Supreme Judicial Court
Contract, with a count in tort. The record and the clerk’s docket showed the following facts: .At the trial in the Superior Court, at June term 1878, before Brigham, C. J., the jury returned a verdict for the plaintiff. The defendant, at the same term, moved to set aside the verdict and for a new trial. On July 17,1878, the judge overruled the motion, and ordered judgment “as of the last day of June term last.”
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Contract, with a count in tort. The record and the clerk’s docket showed the following facts: .At the trial in the Superior Court, at June term 1878, before Brigham, C. J., the jury returned a verdict for the plaintiff. The defendant, at the same term, moved to set aside the verdict and for a new trial. On July 17,1878, the judge overruled the motion, and ordered judgment “as of the last day of June term last.” In August 1878, the judge ordered the' case to be continued for judgment. At October term 1878, judgment was entered on the verdict for the plaintiff; and the defendant appealed to…
1Opinion of the CourtGray, C. J.
The judges, either of the Superior Court or of this court, have no authority in vacation to order final judgment in actions at law which have been continued generally from one term to another, but only in those which have been continued nisi, that is to say, continued to the next term “ unless ” before *297that term some order shall be made as of the previous term. Gen. Sts. e. 112, §§ 31, 32. St. 1878, e. 145. The Gen. Sts. c. 133, '§ 7, and c. 115, § 14, authorizing “the court,” upon overruling a motion for a new trial, or in any case in which justice requires it, to enter judgment as of a…
2Cited by10 opinions
- Cohen v. Attorney GeneralMassachusetts Supreme Judicial Court · 1968
- Commonwealth v. GedziumMassachusetts Supreme Judicial Court · 1927
- Commonwealth v. HandrenMassachusetts Supreme Judicial Court · 1927
- San Antonio & A. P. Ry. Co. v. BlairTexas Supreme Court · 1917
- Catheron v. County of SuffolkMassachusetts Supreme Judicial Court · 1917
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