Weeks v. Adamson
Massachusetts Supreme Judicial Court
Petition for the review of a judgment recovered in the superior court at October term 1870 by the respondent against the petitioners as owners of the brig Thames, for his services as her supercargo.
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Petition for the review of a judgment recovered in the superior court at October term 1870 by the respondent against the petitioners as owners of the brig Thames, for his services as her supercargo. The petition alleged that the action was brought at April term 1870, and the nature of the claims at issue therein, and of the proceedings thereon, was as follows: The brig sailed from Boston for the coast of Africa in December 1867, and arrived there in February 1868, with one Loring as her supercargo. In April 1868, while she was still on the African coast, Loring died, and the plaintiff took…
1Opinion of the CourtWells, J.
These exceptions cannot be sustained.
1. The petition is addressed to the judicial discretion of the court. The decision of the single justice, refusing the review, as it involves no question of law, is final and not open to exception.
2. The matter set forth as ground of review related to the conduct of the trial in the court below. It was within the discretionary authority of that court; and the review was properly refused.
The decision m Converse v. Carter, 8 Allen, 568, settles both points. Exceptions overruled.
2Cited by3 opinions
- City of Quincy v. Brooks-Skinner, Inc.Massachusetts Supreme Judicial Court · 1950
- Hayes v. CollinsMassachusetts Supreme Judicial Court · 1873
- Browne v. FairhallMassachusetts Supreme Judicial Court · 1914