Given v. Johnson
Massachusetts Supreme Judicial Court
Petition, filed in the First District Court of Eastern Middlesex on October 22, 1910, and, on appeal, filed in the Superior Court on March 6, 1911, to vacate a judgment against the petitioner in an action of contract. On June 26, 1911, Fox, J., in a letter addressed to the assistant clerk of the courts for the county of Middlesex ordered that the entry should be made “Petition dismissed with costs.”
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Petition, filed in the First District Court of Eastern Middlesex on October 22, 1910, and, on appeal, filed in the Superior Court on March 6, 1911, to vacate a judgment against the petitioner in an action of contract. On June 26, 1911, Fox, J., in a letter addressed to the assistant clerk of the courts for the county of Middlesex ordered that the entry should be made “Petition dismissed with costs.” This letter also contained a direction to return the briefs to the parties and to keep the “requests” on the files. On July 3, 1911, the petitioner filed a paper containing the following…
1Opinion of the Court
By the Court.
An appeal in a proceeding at law brings before this court only the record. If it be assumed in favor of the petitioner that his requests for rulings with the marginal note of refusal were incorporated into the letter of the judge by which he ordered the petition dismissed, this was no part of the record. It has been decided many times that even a memorandum signed by a judge in an action at law is not a part of the record unless inserted in a bill of exceptions or report. Cressey v. Cressey, ante, 191. Regal v. Lyon, 212 Mass. 230, and cases cited in each opinion. There is no…
2Cases cited4 opinions
- John Hetherington & Sons, Ltd. v. William Firth Co.Massachusetts Supreme Judicial Court · 1911
- Hurley v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
- Regal v. LyonMassachusetts Supreme Judicial Court · 1912
- O'Neill v. County of WorcesterMassachusetts Supreme Judicial Court · 1912
3Cited by11 opinions
- Davis v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1920
- Pizer v. HuntMassachusetts Supreme Judicial Court · 1925
- Harrington v. AndersonMassachusetts Supreme Judicial Court · 1944
- McCarthy v. LaneMassachusetts Supreme Judicial Court · 1938
- Hough v. Contributory Retirement Appeal BoardMassachusetts Supreme Judicial Court · 1941
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