Inhabitants of Winthrop v. Inhabitants of Athol
Massachusetts Supreme Judicial Court
Petition for a writ of review filed on December 2,1912, by the town of Winthrop to review a judgment obtained against it by the town of Athol on November 4, 1912, for expenses incurred in the support of one Lydia E. Daniels and her family alleged to have been paupers, the action in which such judgment was obtained having been brought on February 1, 1900. The facts in regard to the presentation and dismissal of the defendant’s bill of exceptions in such action are stated in…
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Petition for a writ of review filed on December 2,1912, by the town of Winthrop to review a judgment obtained against it by the town of Athol on November 4, 1912, for expenses incurred in the support of one Lydia E. Daniels and her family alleged to have been paupers, the action in which such judgment was obtained having been brought on February 1, 1900. The facts in regard to the presentation and dismissal of the defendant’s bill of exceptions in such action are stated in the opinion. The petition for a writ of review was heard by Ratigan, J., who made the following memorandum of decision:…
1Opinion of the Court
By the court.
Ordinarily it is a question of fact, the decision of which depends in large measure upon sound judicial discretion, whether, under the law, justice to all parties concerned requires the issuance of a writ of review. Scituate Water Co. v. Simmons, 167 Mass. 313. Stillman v. Donovan, 170 Mass. 360. Welch v. Chase, 213 Mass. 519.
The decision of the court below was based upon this principle and plainly no error of law is disclosed in its application. Where an excepting party failed to get his exceptions passed upon for three years after filing them, at the expiration of which time…
2Cases cited6 opinions
- Stillman v. DonovanMassachusetts Supreme Judicial Court · 1898
- Inhabitants of Shutesbury v. Inhabitants of HadleyMassachusetts Supreme Judicial Court · 1882
- Lawrence v. PondMassachusetts Supreme Judicial Court · 1821
- Scituate Water Co. v. SimmonsMassachusetts Supreme Judicial Court · 1897
- MeehanMassachusetts Supreme Judicial Court · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Long v. GeorgeMassachusetts Supreme Judicial Court · 1937
- Commonwealth v. SharpeMassachusetts Supreme Judicial Court · 1948
- Kilroy v. O'ConnorMassachusetts Supreme Judicial Court · 1949
- Cheney v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1923
- Silverstein v. Daniel Russell Boiler Works, Inc.Massachusetts Supreme Judicial Court · 1929
1 more not listed; retrieve them via the Exa API.