Legal Opinion

Graustein

Massachusetts Supreme Judicial Court

Decided April 2, 1940PublishedCited by 16 opinions

1Opinion of the CourtField, C.J.

This is a petition brought by the plaintiff in the case of Graustein v. Barry, which was tried in the Superior Court by a judge sitting without a jury,* to establish exceptions of the plaintiff — alleged to have been taken at the trial — disallowed by the trial judge. The defendant in that case has filed a motion to dismiss the petition.

A petition to establish the truth of exceptions is in the nature of an appeal, by a party “aggrieved” by the dis-allowance of such exceptions, for the purpose of correcting an error committed in the trial court. G. L. (Ter. Ed.) c. 231, § 117. It can be…

2Cases cited13 opinions

  1. Morse v. WoodworthMassachusetts Supreme Judicial Court · 1892
  2. Graustein v. H. P. Hood & Sons, Inc.Massachusetts Supreme Judicial Court · 1936
  3. Romana v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
  4. Cowley v. O'ConnellMassachusetts Supreme Judicial Court · 1899
  5. FreedmanMassachusetts Supreme Judicial Court · 1915

8 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Shore v. Retailers Commercial Agency, Inc.Massachusetts Supreme Judicial Court · 1961
  2. Commonwealth v. McGrathMassachusetts Supreme Judicial Court · 1972
  3. Gill v. Richmond Co-operative Ass'nMassachusetts Supreme Judicial Court · 1941
  4. Sabatinelli v. ButlerMassachusetts Supreme Judicial Court · 1973
  5. RinesMassachusetts Supreme Judicial Court · 1954

11 more not listed; retrieve them via the Exa API.

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