Terry v. Brightman
Massachusetts Supreme Judicial Court
Contract. After the former decision, reported 132 Mass. 318, this court sent a rescript to the Superior Court ordering “judgment for the defendant Brightman.” At March term 1882 of the Superior Court, the clerk made an entry on the docket in accordance with the rescript. After such entry, at the same term, the plaintiff made a motion to set aside the judgment, and to amend the action by changing the same to a suit in equity.
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Contract. After the former decision, reported 132 Mass. 318, this court sent a rescript to the Superior Court ordering “judgment for the defendant Brightman.” At March term 1882 of the Superior Court, the clerk made an entry on the docket in accordance with the rescript. After such entry, at the same term, the plaintiff made a motion to set aside the judgment, and to amend the action by changing the same to a suit in equity. The defendant Brightman objected to the granting of the motion, on the ground that it was not in the power of the court to allow the same, and that no cause therefor was…
1Opinion of the CourtMorton, C. J.
Under the modern practice in this Commonwealth, an appeal, bill of exceptions or report does not transfer to this court the whole case, but only the questions of law to be revised, unless the court, upon deciding those questions, sees fit to order the record of the whole case to be transferred to this court for trial or other disposition thereof. Pub. Sts. a. 150, §§ 7, 12; g. 153, §§ 8, 15. The case remains in the court in which it was brought, whether the Supreme Judicial Court for the county or the Superior Court.
When a rescript has been sent down by this court disposing of the questions…
2Cases cited4 opinions
- Loring v. Salisbury MillsMassachusetts Supreme Judicial Court · 1878
- West v. PlattMassachusetts Supreme Judicial Court · 1878
- George v. ReedMassachusetts Supreme Judicial Court · 1869
- Commonwealth v. ScottMassachusetts Supreme Judicial Court · 1877
3Cited by18 opinions
- Long v. GeorgeMassachusetts Supreme Judicial Court · 1937
- Keljikian v. Star Brewing Co.Massachusetts Supreme Judicial Court · 1939
- Gale v. NickersonMassachusetts Supreme Judicial Court · 1887
- Jones v. Town of WaylandMassachusetts Supreme Judicial Court · 1980
- Beacon Oil Co. v. ManiatisMassachusetts Supreme Judicial Court · 1933
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