Hubon v. Bousley
Massachusetts Supreme Judicial Court
Petition to the Superior Court, under the St. of 1875, e. 33 to vacate and review a decree of that court, establishing a mechanic’s lien on a building and land, and ordering the same to be sold to satisfy the lien, upon a petition inserted in a writ of original summons, sued out by the respondent against the petitioner under the Gen. Sts. c. 150. At the hearing in the Superior Court of this petition for a review, it was admitted that no sale had been made under that decree.
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Petition to the Superior Court, under the St. of 1875, e. 33 to vacate and review a decree of that court, establishing a mechanic’s lien on a building and land, and ordering the same to be sold to satisfy the lien, upon a petition inserted in a writ of original summons, sued out by the respondent against the petitioner under the Gen. Sts. c. 150. At the hearing in the Superior Court of this petition for a review, it was admitted that no sale had been made under that decree. Gardner, J., ruled that the decree was not a judgment in a civil action and could not be reviewed under the provisions…
1Opinion of the CourtGray, C. J.
A writ of review, under the statutes of the Commonwealth, may be granted of a final judgment in any civil action commenced by writ. It was because the proceedings were not commenced by writ, that a review was denied in the cases, cited for the respondent, of awards upon submissions before a justice of the peace, judgments upon petitions for partition, and decrees of probate or divorce. Dickenson v. Davis, 4 Mass. 520. Stone v. Davis, 14 Mass. 360. Borden v. Brown, 7 Mass. 93. Pope v. Pope, 4 Pick. 129. Lucas v. Lucas, 3 Gray, 136.
In an action commenced by writ, it is no objection to granting…
2Cases cited3 opinions
- Fuller v. StorerMassachusetts Supreme Judicial Court · 1873
- Borden v. BrownMassachusetts Supreme Judicial Court · 1810
- Stone v. DavisMassachusetts Supreme Judicial Court · 1817
3Cited by1 opinion
- Nantasket Beach Railroad v. RansomMassachusetts Supreme Judicial Court · 1888