Attorney General v. Oliver
Massachusetts Supreme Judicial Court
Information, in the nature of a quo warranta, to try the respondent’s title to the office of constable of the town of Avon. Hearing, before Morton, J., who filed a paper called a “ Memorandum of Decision,” which concluded as follows: “I find on the evidence before me that the respondent was duly elected, and I think that the petition should be dismissed. So ordered.”
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Information, in the nature of a quo warranta, to try the respondent’s title to the office of constable of the town of Avon. Hearing, before Morton, J., who filed a paper called a “ Memorandum of Decision,” which concluded as follows: “I find on the evidence before me that the respondent was duly elected, and I think that the petition should be dismissed. So ordered.” The counsel for the petitioner filed on June 13,1899, the following claim of appeal: “ And now comes Hosea M. Knowlton, attorney general, the petitioner in the above entitled cause, and claims an appeal to the full bench from the…
1Opinion of the CourtHolmes, C. J.
This is an information in the nature of a quo warranta. After the trial, before a single justice of this court, he sent to the clerk a paper entitled “ Memorandum of Decision,” in which, as we frequently do, he stated the reasons for his decision, and the order which he should make. This paper was no more part of the record 'than are the reported decisions of the full court. It is true that it contained directions as to what judgment should be entered, but it was not itself a judgment; and until something further was done the case was not in a position to be brought here. It would seem that…
2Cases cited2 opinions
- McCallum v. LambieMassachusetts Supreme Judicial Court · 1887
- Cowley v. TrainMassachusetts Supreme Judicial Court · 1878
3Cited by6 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Channell v. Judge of Central District Court of Northern EssexMassachusetts Supreme Judicial Court · 1912
- Pettinella v. City of WorcesterMassachusetts District Court, Appellate Division · 1967
- McCarey v. Stop & Shop, Inc.Massachusetts District Court, Appellate Division · 1966
- Cannon, Namroc & Associates, Inc. v. Max Sontz Co.Massachusetts District Court, Appellate Division · 1976
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