Bearce v. Bowker
Massachusetts Supreme Judicial Court
Contract for goods sold and delivered with a count in tort foi the conversion of the same goods. Trial in the Superior Court without a jury, before Rockwell, J., who, by consent of parties, reported the case to this court, stating that he “ made a verdict for the plaintiffs ” for a certain amount, and giving the grounds of his finding and his rulings.
1Opinion of the CourtGray, C. J.
This report is quite irregular. The statutes pro-
vide that when trial by jury is waived, “ the cause shall thereupon be heard and determined by the court, and judgment entered as in the case of verdict by a jury.” Gen. Sts. c. 129, § 66. The finding or determination of a court can only be expressed by an order or judgment. None but a jury can render a verdict. In the present case, the learned judge before whom the trial was bad, according to his own statement, “made a verdict,” but entered ho judgment, and reported the case to this court. Questions of law, arising in a civil action, may be…
2Cases cited2 opinions
- Hills v. SnellMassachusetts Supreme Judicial Court · 1870
- Commonwealth v. Inhabitants of GloucesterMassachusetts Supreme Judicial Court · 1872
3Cited by33 opinions
- Cannon v. BreschSupreme Court of Pennsylvania · 1932
- Keljikian v. Star Brewing Co.Massachusetts Supreme Judicial Court · 1939
- Levangie's CaseMassachusetts Supreme Judicial Court · 1917
- McKinley v. WarrenMassachusetts Supreme Judicial Court · 1914
- Scaccia v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1944
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