Cotter v. Nathan & Hurst Co.
Massachusetts Supreme Judicial Court
Tort for an alleged malicious prosecution. Writ dated September 20, 1911. The answer contained a general denial, and the treasurer of the defendant filed an affidavit under St. 1911, c. 305, stating that in his belief there was no merit in the action, whereupon the clerk of the Superior Court issued an order requiring the plaintiff to show cause why he should not become nonsuit.
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Tort for an alleged malicious prosecution. Writ dated September 20, 1911. The answer contained a general denial, and the treasurer of the defendant filed an affidavit under St. 1911, c. 305, stating that in his belief there was no merit in the action, whereupon the clerk of the Superior Court issued an order requiring the plaintiff to show cause why he should not become nonsuit. The defendant gave notice in writing to the plaintiff of such order, and the plaintiff failed to consent to a nonsuit and failed to file an affidavit setting forth the substantive facts upon which he relied. Thereupon…
1Opinion of the CourtRugg, C. J.
It is the settled rule of practice, frequently and ■ uniformly maintained under R. L. c. 173, § 96, as amended by *33St. 1906, c. 342, § 2, and St. 1910, c. 555, § 4, and under similar provisions of earlier statutes, that this court has no jurisdiction to consider an appeal until there has been a judgment. Case v. Ladd, 2 Allen, 130. Bennett v. Clemence, 3 Allen, 431. Commonwealth v. Gloucester, 110 Mass. 491, 497. Marshall v. Merritt, 13 Allen, 274. Kellogg v. Kimball, 122 Mass. 163. O’Connell, petitioner, 174 Mass. 253, 262. See Brooks v. Shaw, 197 Mass. 376.
The only way in which an…
2Cases cited4 opinions
- Brooks v. ShawMassachusetts Supreme Judicial Court · 1908
- Cowley v. O'ConnellMassachusetts Supreme Judicial Court · 1899
- Commonwealth v. Inhabitants of GloucesterMassachusetts Supreme Judicial Court · 1872
- Kellogg v. KimballMassachusetts Supreme Judicial Court · 1877
3Cited by15 opinions
- Pollack v. KellyMassachusetts Supreme Judicial Court · 1977
- Weil v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Cressey v. CresseyMassachusetts Supreme Judicial Court · 1912
- Parker v. Lewis J. Bird Co.Massachusetts Supreme Judicial Court · 1915
- Shawmut Commercial Paper Co. v. CramMassachusetts Supreme Judicial Court · 1912
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