Shattuck v. Adams
Massachusetts Supreme Judicial Court
Contract, for the benefit of Louis Phelps and Asa S. Law-ton, on a bond, dated November 1, 1877, in the penal sum of S5000, executed by the defendant to the plaintiff. Trial in the Superior Court, without a jury, before Staples, J., who ordered judgment for the plaintiff for the penal sum of the bond; and reported the case for the determination of this court. The facts appear in the opinion.
1Opinion of the CourtMorton, C. J.
The defendant contends that this court has no jurisdiction in this case, because the question as to the sum for which execution shall be awarded has not been adjudicated, but is pending in the Superior Court. The case was before this court at October term 1881, upon a report which was discharged, under the authority of Terry v. Brightman, 129 Mass. 535, because it merely stated evidence and facts, and there was no decision of the court in matter of law, and no finding of the court upon the facts equivalent to a verdict of a jury. In the case as now presented, this objection does not exist, as…
2Cases cited2 opinions
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Terry v. BrightmanMassachusetts Supreme Judicial Court · 1880
3Cited by8 opinions
- Leshefsky v. American EmPloyers' InsuranceMassachusetts Supreme Judicial Court · 1936
- Baldwin v. EmerySupreme Judicial Court of Maine · 1897
- Fred T. Ley & Co. v. SagalynMassachusetts Supreme Judicial Court · 1939
- Brown & Haywood Co. v. LigonU.S. Circuit Court for the District of Eastern Missouri · 1899
- Heins v. ByersSupreme Court of Minnesota · 1928
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