Bowditch Mutual Fire Insurance v. Winslow
Massachusetts Supreme Judicial Court
Petition, filed at March term 1852, for a review of a judgment recovered in this court by the respondents, in an action brought by them against the petitioners upon a policy of insurance issued by the latter.
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Petition, filed at March term 1852, for a review of a judgment recovered in this court by the respondents, in an action brought by them against the petitioners upon a policy of insurance issued by the latter. Hearing before Bigelow, J., who made the following report of the case: “ At the trial of said action in the court of common pleas, at' April term 1851, after the plaintiffs had put in their case, and some evidence had been introduced by the defendants, the defendants’ counsel requested the presiding judge to instruct the jury that, upon the evidence then in the case, the plaintiffs could…
1Opinion of the CourtShaw, C. J.
The question in the present dose is, upon a petition for a review, whether this court are authorized under the statute, to grant a review, on the case presented by the petition and the report of the judge before whom it was first heard.
The power to grant reviews, given to this court by Eev. Sts. c. 99, § 19, is expressed in very large and comprehensive terms. “ When judgment is rendered, either by the supreme judicia. court or court of common pleas, in any civil action, whether upon verdict, or report of referees, or upon a nonsuit or default, or in any other manner, the supreme judicial…
2Cases cited15 opinions
- M'lanahan v. the Universal Insurance CompanySupreme Court of the United States · 1828
- Bradford v. President of the Union Bank of TennesseeSupreme Court of the United States · 1852
- Masters v. Madison County Mutual InsuranceNew York Supreme Court · 1852
- Gordon's Heirs v. GordonCourt of Appeals of Kentucky · 1858
- Tharp v. Tharp's admr.Court of Appeals of Kentucky · 1860
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3Cited by1 opinion
- Texas & Pacific Railway Co. v. BoydCourt of Appeals of Texas · 1894