Legal Opinion

McKinley v. Warren

Massachusetts Supreme Judicial Court

Decided June 17, 1914PublishedCited by 43 opinions

1Opinion of the CourtRugg, C. J.

This case comes before us on exceptions by both the plaintiff and the defendant. It first was tried without a jury before a judge of the Superior Court,* who found that the plaintiff’s testimony was to be believed, but ruled as matter of law in favor of the defendant. Thereafter he filed an order setting aside the finding for the defendant on the ground that he was satisfied that his finding was erroneous in law and ordering that the case should stand for trial. This was done through his own sense of justice without any motion therefor. This was plainly within the power of the court. A new…

2Cases cited13 opinions

  1. Mabardy v. McHughMassachusetts Supreme Judicial Court · 1909
  2. Morse v. HutchinsMassachusetts Supreme Judicial Court · 1869
  3. Whiting v. PriceMassachusetts Supreme Judicial Court · 1898
  4. Bassett v. BrownMassachusetts Supreme Judicial Court · 1870
  5. Loveland v. RandMassachusetts Supreme Judicial Court · 1908

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

3Cited by43 opinions

  1. Bartley v. PhillipsMassachusetts Supreme Judicial Court · 1944
  2. Ashapa v. ReedMassachusetts Supreme Judicial Court · 1932
  3. Menici v. Orton Crane & Shovel Co.Massachusetts Supreme Judicial Court · 1934
  4. National Shawmut Bank v. JohnsonMassachusetts Supreme Judicial Court · 1945
  5. Mills v. Magee Carpet Co.Massachusetts Supreme Judicial Court · 1916

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

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