Tolman v. Tolman
Massachusetts Supreme Judicial Court
Petition, filed in the Superior Court on January 3, 1913, for the partition of three parcels of land, one in Newton and the other two in Waltham, in which the petitioner claimed to own two individed third parts. The case was heard by Hitchcock, J., without a jury.
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Petition, filed in the Superior Court on January 3, 1913, for the partition of three parcels of land, one in Newton and the other two in Waltham, in which the petitioner claimed to own two individed third parts. The case was heard by Hitchcock, J., without a jury. The only issue that was tried before him was between the petitioner Ida F. Tolman and the respondent H. Adelaide Hovey as to which of them was entitled to the one third interest in the property in question that formerly was owned by Bradshaw S. Tolman. It became material to determine whether Bradshaw S. Tolman had waived his right…
1Opinion of the CourtLoring, J.
The decree in question contains this recital: "the plaintiff and the defendant Bradshaw S. Tohnan severally waiving their rights to appeal therefrom.” That recital brings that decree within the provision of R. L. c. 159, §34. A party to such a decree has caused an entry of his waiver of an appeal to be made on the docket within the provisions of that act. From such a decree there is no appeal. Winchester v. Winchester, 121 Mass. 127. See also in this connection Washington National Bank v. Williams, 188 Mass. 103.
It follows that the attachment had expired when execution was taken out more than…
2Cases cited2 opinions
- Washington National Bank v. WilliamsMassachusetts Supreme Judicial Court · 1905
- Winchester v. WinchesterMassachusetts Supreme Judicial Court · 1876
3Cited by6 opinions
- Moseley v. MoseleyMassachusetts Supreme Judicial Court · 1921
- Horn v. HitchcockMassachusetts Supreme Judicial Court · 1955
- Forrey v. Dedham Taxi, Inc.Massachusetts Appeals Court · 1985
- Ellefsen v. MacCormacMassachusetts District Court, Appellate Division · 1957
- Olsson v. WaiteMassachusetts Supreme Judicial Court · 1977
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