Ela v. Cockshott
Massachusetts Supreme Judicial Court
Petition to establish the truth of exceptions alleged by the petitioner in an action brought against him by the respondent, and disallowed by Wilkinson, J., who presided at the trial in the Superior Court. The petition was referred by this court to a commissioner “ to hear the parties and report the facts.”
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Petition to establish the truth of exceptions alleged by the petitioner in an action brought against him by the respondent, and disallowed by Wilkinson, J., who presided at the trial in the Superior Court. The petition was referred by this court to a commissioner “ to hear the parties and report the facts.” His report was duly returned to this court, and the respondent then moved that the report be recommitted to the commissioner to report the evidence upon which his findings were based.
1Opinion of the CourtGray, C. J.
The jurisdiction over petitions to establish tht truth of exceptions disallowed by a judge of the Superior Court or of this court, like that over exceptions which have been allowed, is exclusively in the full bench of this court. Gen. Sts. c. 115, § 11. Priest v. Groton, 103 Mass. 530. Cullen v. Sears, 112 Mass. 299.
As a matter of convenience, the court has adopted the practice of referring the petition in the first instance to a commissioner to report the facts, and his report of the facts found by hfm ia ordinarily sufficient to present to the full court every question which either party…
2Cases cited4 opinions
- Cullen v. SearsMassachusetts Supreme Judicial Court · 1873
- Priest v. Inhabitants of GrotonMassachusetts Supreme Judicial Court · 1870
- Sawyer v. Yale Iron WorksMassachusetts Supreme Judicial Court · 1875
- Crow v. StoweMassachusetts Supreme Judicial Court · 1873
3Cited by12 opinions
- Fanciullo v. B. G. & S. Theatre Corp.Massachusetts Supreme Judicial Court · 1937
- Commonwealth v. HassanMassachusetts Supreme Judicial Court · 1920
- Brick v. BosworthMassachusetts Supreme Judicial Court · 1894
- Moneyweight Scale Co.Massachusetts Supreme Judicial Court · 1917
- Freeby v. Town of SibleySupreme Court of Iowa · 1918
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