Brooks v. Prescott
Massachusetts Supreme Judicial Court
Tort for the conversion of a wooden building used as a stable. The answer denied the conversion and the plaintiffs’ property.
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Tort for the conversion of a wooden building used as a stable. The answer denied the conversion and the plaintiffs’ property. Trial in the Superior Court, before Brigham, C. J., who allowed the plaintiffs the following bill of exceptions : “ Trial by jury was waived and the action was heard and determined by the court, upon finding the facts following, to wit: The building was built and used as a stable in 1868, and after September 4, of that year, by one Frank M. Reynolds, who was at the time a partner of the plaintiffs in the business of teaming, but not in their general business. The…
1Opinion of the CourtWells, J.
This case is complicated by the form of the ruling excepted to. Trial by jury was waived, and the cause heard for the- purpose of being determined by the court. The court found certain facts stated in the bill of exceptions, and there was evilence, also set forth as evidence, in relation to other matters of fact, upon which no conclusions of the court are stated.
“ Upon the facts found and their effect in law, the court ruled that this action could not be maintained, and found for the defendant.”
The ruling of the court, thus stated, implies either that there was no evidence upon which the…
2Cases cited2 opinions
- Morris v. FrenchMassachusetts Supreme Judicial Court · 1871
- Bartholomew v. HamiltonMassachusetts Supreme Judicial Court · 1870
3Cited by5 opinions
- Manzi v. CarlsonMassachusetts Supreme Judicial Court · 1932
- Comstock v. SouleMassachusetts Supreme Judicial Court · 1939
- Lord v. RowseMassachusetts Supreme Judicial Court · 1907
- Dolliver v. ElaMassachusetts Supreme Judicial Court · 1880
- Sartwell v. HumphreyMassachusetts Supreme Judicial Court · 1884