Scituate Water Co. v. Simmons
Massachusetts Supreme Judicial Court
Petition, filed in September, 1895, for the review of a judgment for S3,563.25 and costs, obtained by the respondent against the petitioner by default, in August, 1895, in an action in the Superior Court. Hearing before Fessenden, J., who refused to rule as requested by the petitioner, and denied the petition; and the petitioner alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtKnowlton, J.
At the hearing the petitioner asked the court to rule as follows: “ Upon all the evidence in the case there is no evidence, as matter of law, to warrant a finding for the respondent, and the court is bound to find for the petitioner, and to grant the writ of review prayed for.” The petitioner's *314exception to the refusal of the judge so to rule presents the only question in the case.
A petition for a writ of review is ordinarily addressed to the discretion of the court, or, to state the principle more accurately in accordance with the reason of the rule, it is ordinarily in such cases a question…
2Cases cited5 opinions
- Sylvester v. HubleyMassachusetts Supreme Judicial Court · 1892
- Trustees of Amherst College v. AllenMassachusetts Supreme Judicial Court · 1896
- City of Boston v. RobbinsMassachusetts Supreme Judicial Court · 1874
- Hayes v. CollinsMassachusetts Supreme Judicial Court · 1873
- Stillman v. WhittemoreMassachusetts Supreme Judicial Court · 1896
3Cited by8 opinions
- Long v. GeorgeMassachusetts Supreme Judicial Court · 1937
- Fletcher v. Cape Cod Gas Co.Massachusetts Supreme Judicial Court · 1985
- Kravetz v. LipofskyMassachusetts Supreme Judicial Court · 1936
- Commonwealth v. SharpeMassachusetts Supreme Judicial Court · 1948
- Town of Hopkinton v. B. F. Sturtevant Co.Massachusetts Supreme Judicial Court · 1934
3 more not listed; retrieve them via the Exa API.