Legal Opinion

Cobb v. Chickatawbut Club

Massachusetts Supreme Judicial Court

Decided January 13, 1915PublishedCited by 6 opinions

Petition, filed in the Municipal Court of the City of Boston on February 27, 1913, to vacate a judgment entered in that court against the petitioner in an action of contract brought by the Chickatawbut Club, a corporation. The petition was denied by Burke, J., and judgment was entered for the respondent on the petition. The petitioner appealed. In the Superior Court the case was heard by Hall, J., without a jury.

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Petition, filed in the Municipal Court of the City of Boston on February 27, 1913, to vacate a judgment entered in that court against the petitioner in an action of contract brought by the Chickatawbut Club, a corporation. The petition was denied by Burke, J., and judgment was entered for the respondent on the petition. The petitioner appealed. In the Superior Court the case was heard by Hall, J., without a jury. The petitioner contended that the judgment which he sought to vacate was entered erroneously because within the required time after notice of the ruling of the judge of the Municipal…

1Opinion of the Court

By the Court.

This is a petition to vacate a judgment entered in the Municipal Court of the City of Boston. A decisive question is whether the petitioner seasonably asked for a report by the trial judge of that court to its Appellate Division. It is required by St. 1912, c. 649, § 8, that a party aggrieved by any ruling on a matter of law may have the ruling reported as of right, but “The request for such a report shall be filed with the clerk within two days after notice of the ruling.” The record of the case in the Municipal Court showed that the defendant, who is the petitioner to vacate…

2Cited by6 opinions

  1. Sweeney v. Morey & Co.Massachusetts Supreme Judicial Court · 1932
  2. Bushnell v. BushnellMassachusetts Supreme Judicial Court · 1984
  3. Massachusetts Drug Co. v. BencksMassachusetts Supreme Judicial Court · 1926
  4. Burnett & Sherman, Inc. v. ConroyMassachusetts Supreme Judicial Court · 1927
  5. C. Reppucci & Sons, Inc. v. W. J. Dunn & Co.Boston Municipal Court · 1949

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