Corsiglia v. Burnham
Massachusetts Supreme Judicial Court
Contract for labor performed and materials furnished, with three counts, each for a separate and distinct cause of action, claiming respectively $62.35, $201.02, and $255.88, Rollin Bassett being summoned as trustee.
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Contract for labor performed and materials furnished, with three counts, each for a separate and distinct cause of action, claiming respectively $62.35, $201.02, and $255.88, Rollin Bassett being summoned as trustee. Writ in the District Court of Franklin dated December 21, 1908. The alleged trustee filed an answer in which he alleged that, at the time of the service of the plaintiff’s writ upon him, he was owing the defendant nothing, that the defendant contracted to build a house for him, and that several payments had been made, but that by the terms of the contract nothing was due at the…
1Opinion of the CourtBraley, J.
An appeal to this court from the Superior Court does not transfer the entire case, but only such questions of law as are apparent upon the record. Fay v. Upton, 153 Mass. 6.
It was open to the trustee, if he had desired, to have asked that court to dismiss the plaintiff’s appeal because it was prematurely entered. But this course not having been taken, the question of jurisdiction cannot be raised for the first time at the argument before us. Callender, McAuslan & Troup Co. v. Flint, 187 Mass. 104. Commonwealth v. Bond, 188 Mass. 91.
The only question presented for our decision is whether the…
2Cases cited8 opinions
- Callender, McAuslan & Troup Co. v. FlintMassachusetts Supreme Judicial Court · 1904
- Commonwealth v. BondMassachusetts Supreme Judicial Court · 1905
- Meyar v. MeyarCourt of Appeals of Kentucky · 1860
- Phillips v. MeagherMassachusetts Supreme Judicial Court · 1896
- Allen v. MayersMassachusetts Supreme Judicial Court · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Buttrick Lumber Co. v. CollinsMassachusetts Supreme Judicial Court · 1909
- Rosenbush v. BernheimerMassachusetts Supreme Judicial Court · 1912
- Shanahan v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Brown v. Floersheim Mercantile Co.Massachusetts Supreme Judicial Court · 1910
- Workers' Credit Union v. HannulaMassachusetts Supreme Judicial Court · 1934
4 more not listed; retrieve them via the Exa API.