Turner v. Wentworth
Massachusetts Supreme Judicial Court
Petition to enforce a lien under the Gen. Sts. c. 150, for labor performed and materials furnished, in the construction of a block of three houses in Boston. Trial in the Superior Court, before Putnam, J., without a jury, who allowed a bill of exceptions in substance as follows: The petitioners were dealers in furnaces and ranges. The re-pondent Wentworth was the owner of the land, and the builder of the three houses in a block in Clarendon Street, in Boston.
Read the full summary
Petition to enforce a lien under the Gen. Sts. c. 150, for labor performed and materials furnished, in the construction of a block of three houses in Boston. Trial in the Superior Court, before Putnam, J., without a jury, who allowed a bill of exceptions in substance as follows: The petitioners were dealers in furnaces and ranges. The re-pondent Wentworth was the owner of the land, and the builder of the three houses in a block in Clarendon Street, in Boston. In February, 1870, the petitioners contracted orally with Went-worth to furnish three portable furnaces, pipes and registers, com»…
1Opinion of the CourtMorton, J.
In cases which are tried by the court without a jury, each party has the right to except to the decisions and rulings of the court upon matters of law, in the same manner and with the same effect as upon trial by jury. But the findings of the court upon matters of fact are conclusive to the same extent as the verdict of a jury, and this court has not the power to revise such findings upon a bill of exceptions. In the case at bar, the exceptions alleged by the respondents are rather of the nature of objections to the findings of the presiding judge as to matters of fact, than of exceptions to…
2Cases cited2 opinions
- Wall v. RobinsonMassachusetts Supreme Judicial Court · 1874
- Worthley v. EmersonMassachusetts Supreme Judicial Court · 1874
3Cited by34 opinions
- John Hetherington & Sons, Ltd. v. William Firth Co.Massachusetts Supreme Judicial Court · 1911
- Mills v. Taunton Savings BankMassachusetts Supreme Judicial Court · 1890
- Peninsular Stove Co. v. YoungMichigan Supreme Court · 1929
- Caird Engineering Works v. Seven-Up Gold Mining Co., Inc.Montana Supreme Court · 1940
- Commercial Credit Corp. v. Commonwealth Mortgage & Loan Co.Massachusetts Supreme Judicial Court · 1931
29 more not listed; retrieve them via the Exa API.