Humphrey's Case
Massachusetts Supreme Judicial Court
Appeal to the Superior Court under St. 1911, c. 751, Part III, § 11, as amended by St. 1912, c. 571, § 14, from a decision of the Industrial Accident Board making an award in favor of Eliza S. Humphrey, an employee, upon her claim under the workmen’s compensation act. The case was heard by Fox, J., who made a decree in accordance with the decision of the Industrial Accident Board.
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Appeal to the Superior Court under St. 1911, c. 751, Part III, § 11, as amended by St. 1912, c. 571, § 14, from a decision of the Industrial Accident Board making an award in favor of Eliza S. Humphrey, an employee, upon her claim under the workmen’s compensation act. The case was heard by Fox, J., who made a decree in accordance with the decision of the Industrial Accident Board. This decree was entered on August 5, 1916. There was an attempted appeal by the insurer, on which were indorsed the words, “Filed by consent and allowed, Aug. 28, 1916.” In the same proceeding the employee filed a…
1Opinion of the CourtRugg, C. J.
There was a final decree entered in the Superior Court. An appeal could be taken under the law only within twenty days from the date of entry of the decree. St. 1911, c. 284, § 1. The appeal actually was taken twenty-three days thereafter. The indorsement is, “Filed by consent and allowed.” Appeal from a final decree is matter of right and does not depend upon the allowance or discretion of the judge. It was said by Chief Justice Gray, "The time for claiming an appeal cannot be extended by consent of parties or by the justice whose decree is appealed from. ... If an appeal is not taken within…
2Cases cited5 opinions
- Gould's CaseMassachusetts Supreme Judicial Court · 1913
- Weil v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Griffin v. GriffinMassachusetts Supreme Judicial Court · 1915
- Attorney General v. BarbourMassachusetts Supreme Judicial Court · 1877
- Boston & Albany Railroad v. CommonwealthMassachusetts Supreme Judicial Court · 1892
3Cited by13 opinions
- Essex Storage Electric Co. v. Victory Lumber Co.Supreme Court of Vermont · 1919
- Sciola's CaseMassachusetts Supreme Judicial Court · 1920
- Romanausky v. SkutulasMassachusetts Supreme Judicial Court · 1927
- Barnes v. BarnesMassachusetts Supreme Judicial Court · 1935
- Golden v. CrawshawMassachusetts Supreme Judicial Court · 1939
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