Hayes v. Collins
Massachusetts Supreme Judicial Court
Petition to the Superior Court for a review, filed October 11, 1872. The petition set forth that, December 18,1871, in the Superior Court, in an action of contract, judgment was, at the suit of Richard Collins, rendered against the petitioner as administratrix of the estate of Dennis Hayes, for $681.75 damages and $28.43 costs ; that judgment was rendered at the time of trial upon default ; that before the default the petitioner had changed her residence, and, from mistake…
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Petition to the Superior Court for a review, filed October 11, 1872. The petition set forth that, December 18,1871, in the Superior Court, in an action of contract, judgment was, at the suit of Richard Collins, rendered against the petitioner as administratrix of the estate of Dennis Hayes, for $681.75 damages and $28.43 costs ; that judgment was rendered at the time of trial upon default ; that before the default the petitioner had changed her residence, and, from mistake and forgetfulness, had not notified her counsel; that before and till the default her counsel had made diligent search…
1Opinion of the CourtGray, C. J.
A petition for a review is addressed to the discretion of the judge to whom it is presented, and his decision *56thereon can be revised upon exceptions or report only for erroneous rulings in matter of law. Gen. Sts. c. 115, § 7; c. 146, §§ 21, 24. Converse v. Carter, 8 Allen, 568. Richardson v. Lloyd, 99 Mass. 475. Weeks v. Adamson, 106 Mass. 514. The only question raised by the exceptions in the case at bar is whether the judgment for the respondent upon a similar petition previously presented to the Superior Court is a bar to the present petition. If the judgment upon the former petition had…
2Cases cited5 opinions
- Allan v. Vanmeter's DeviseesCourt of Appeals of Kentucky · 1858
- Homer v. BrownSupreme Court of the United States · 1854
- Burrell v. BurrellMassachusetts Supreme Judicial Court · 1813
- Richardson v. LloydMassachusetts Supreme Judicial Court · 1868
- Weeks v. AdamsonMassachusetts Supreme Judicial Court · 1871
3Cited by11 opinions
- Olcese v. Justice's Court of the First Judicial Twp.California Supreme Court · 1909
- Hyde Park Savings Bank v. DavankoskasMassachusetts Supreme Judicial Court · 1937
- Haskell v. FriendMassachusetts Supreme Judicial Court · 1907
- Stillman v. DonovanMassachusetts Supreme Judicial Court · 1898
- Soper v. ManningMassachusetts Supreme Judicial Court · 1893
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