Erlund v. Manning
Massachusetts Supreme Judicial Court
Contract, to recover for- services rendered. At the trial in this court, without a jury, before Knowlton, J., the finding was for the plaintiff, and the defendant alleged exceptions, which were allowed, but which he neglected to enter upon the docket of the full court. The plaintiff thereupon filed the following application in the court, held by a single justice: “ Motion for judgment.
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Contract, to recover for- services rendered. At the trial in this court, without a jury, before Knowlton, J., the finding was for the plaintiff, and the defendant alleged exceptions, which were allowed, but which he neglected to enter upon the docket of the full court. The plaintiff thereupon filed the following application in the court, held by a single justice: “ Motion for judgment. Now in the above entitled action defendant comes and moves that the finding in said case may be affirmed, and judgment entered for the amount found due to the plaintiff. By his attorney, Charles P. Searle,…
1Opinion of the CourtAllen, J.
The principal question raised by the exceptions is whether the order of affirmance could legally be passed by a single justice, or whether it could only be done by the full court. An appeal from a decree of a single justice in a suit in equity, if not prosecuted or entered, can only be affirmed by the full court, because by statute, if such appeal is taken, “all proceedings under such decree shall be stayed, and such appeal shall thereupon be pending before the full court, who shall hear and determine the same, and affirm, reverse, or modify the decree appealed from, as circumstances may…
2Cases cited2 opinions
- Ingalls v. IngallsMassachusetts Supreme Judicial Court · 1889
- Gray v. GrayMassachusetts Supreme Judicial Court · 1889
3Cited by3 opinions
- Lowell Bar Ass'n v. LoebMassachusetts Supreme Judicial Court · 1943
- Littlejohn v. LittlejohnMassachusetts Supreme Judicial Court · 1920
- Daly v. FossMassachusetts Supreme Judicial Court · 1911