Legal Opinion

Stowell v. H. P. Hood & Sons, Inc.

Massachusetts Supreme Judicial Court

Decided December 13, 1934PublishedCited by 42 opinions

1Opinion of the CourtLummus, J.

In this action of contract the judge, sitting without a jury, found for the plaintiff in an amount less than that claimed. His exceptions to the denial of requested rulings cannot be considered, because they do not appear in the bill of exceptions. He excepted also to the “finding . . . and decision of the court,” and seeks to support his exception on the ground that the evidence did not warrant the finding that no more was due.

Prior to modern rules providing that “The question whether the court should order a verdict shall be raised by a motion, and not by a request for instructions” (Rule…

2Cases cited10 opinions

  1. Reid v. DohertyMassachusetts Supreme Judicial Court · 1930
  2. Breen v. BurnsMassachusetts Supreme Judicial Court · 1932
  3. Parker v. LevinMassachusetts Supreme Judicial Court · 1934
  4. In re KeenanMassachusetts Supreme Judicial Court · 1934
  5. Brightman v. EddyMassachusetts Supreme Judicial Court · 1867

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

3Cited by42 opinions

  1. Leshefsky v. American EmPloyers' InsuranceMassachusetts Supreme Judicial Court · 1936
  2. Baker v. DavisMassachusetts Supreme Judicial Court · 1938
  3. Forbes v. Gordon & Gerber, Inc.Massachusetts Supreme Judicial Court · 1937
  4. In re LoebMassachusetts Supreme Judicial Court · 1943
  5. Barton v. City of CambridgeMassachusetts Supreme Judicial Court · 1945

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

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