Legal Opinion

Caverly v. McOwen

Massachusetts Supreme Judicial Court

Decided January 7, 1879PublishedCited by 3 opinions

Contract upon an account annexed for services rendered and disbursements made by the plaintiff as an attorney at law. The case was tried in the Superior Court, and a verdict returned for the plaintiff for part of the amount claimed; and he alleged exceptions, which were argued in this court and overruled, and a rescript sent down accordingly.

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Contract upon an account annexed for services rendered and disbursements made by the plaintiff as an attorney at law. The case was tried in the Superior Court, and a verdict returned for the plaintiff for part of the amount claimed; and he alleged exceptions, which were argued in this court and overruled, and a rescript sent down accordingly. See 123 Mass. 574. The plaintiff then filed in the Superior Court a motion in arrest of judgment and for a new trial, for the following reasons: “ 1st. Because, upon the face of the records and papers, tho judgment which must, if ratified, be entered up…

1Opinion of the CourtGray, C. J.

The Gen. Sts. c. 121, § 34, on which the plain*224tiff mainly relies, relate to the removal and punishment of attorneys at law, for deceit, malpractice or other gross misconduct, and to their liability in damages to parties injured thereby; and have no application to this case, in which the plaintiff seeks to recover for services rendered by him as an attorney at law, and the jury, under rulings since affirmed by this court, have found those services to have been of no value.

The rulings of the Superior Court on the motion for a new trial, so far as they proceeded on matters of fact or of…

2Cases cited1 opinion

  1. Aldrich v. Springfield, Athol & North Eastern RailroadMassachusetts Supreme Judicial Court · 1878

3Cited by3 opinions

  1. Peterson v. HopsonMassachusetts Supreme Judicial Court · 1940
  2. Lynch v. PeabodyMassachusetts Supreme Judicial Court · 1884
  3. Sullivan v. Bar Ass'nMassachusetts Supreme Judicial Court · 1898

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