Mitsakos v. Morrill
Massachusetts Supreme Judicial Court
Tobt for an eviction: Writ dated March 22, 1918. In the Superior Court, the action was tried before N. P. Brown, J. Material evidence is described in the opinion. At the close of the evidence the defendants moved that a verdict be ordered in their favor.
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Tobt for an eviction: Writ dated March 22, 1918. In the Superior Court, the action was tried before N. P. Brown, J. Material evidence is described in the opinion. At the close of the evidence the defendants moved that a verdict be ordered in their favor. The judge reserved the motion for further consideration and, before taking action thereon, submitted the case to the jury, which returned a verdict for the plaintiff in the sum of $800. Upon the coming in of the verdict the judge reserved leave, with the assent of the jury, to enter a verdict for the defendants if he should decide that the…
1Opinion of the CourtRugg, C. J.
This is an action of tort to recover damages alleged to have been sustained by a tenant under a written lease through wrongful eviction from the demised premises by his landlords.
The case comes before us on report. It must be presumed, in the absence of indications to the contrary, to state all the evidence material to the questions of law presented. The rule as to omission of exceptions to declare that all material evidence is nar*31rated, Evans v. County of Middlesex, 209 Mass. 474, 481, has no application. The record has every appearance of purporting to contain all the material evidence.
There…
2Cases cited21 opinions
- Lumiansky v. TessierMassachusetts Supreme Judicial Court · 1912
- Kaminski v. FournierMassachusetts Supreme Judicial Court · 1920
- Robrecht v. Marling's Adm'rWest Virginia Supreme Court · 1887
- Fillebrown v. HoarMassachusetts Supreme Judicial Court · 1878
- Evans v. County of MiddlesexMassachusetts Supreme Judicial Court · 1911
16 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Owen v. WilliamsMassachusetts Supreme Judicial Court · 1948
- Snider v. DebanMassachusetts Supreme Judicial Court · 1924
- Beauvais v. Springfield Institution for SavingsMassachusetts Supreme Judicial Court · 1939
- Shindler v. MildenMassachusetts Supreme Judicial Court · 1933
- Lakube v. CohenMassachusetts Supreme Judicial Court · 1939
8 more not listed; retrieve them via the Exa API.