City of Boston v. Robbins
Massachusetts Supreme Judicial Court
Petition, filed in June, 1873, for the review of a judgment for $10,208.75 and costs, obtained by the respondent against the petitioner in June, 1872, in an action in the Superior Court,— on the ground that, through mistake, an appearance had not been entered for the petitioner.
Read the full summary
Petition, filed in June, 1873, for the review of a judgment for $10,208.75 and costs, obtained by the respondent against the petitioner in June, 1872, in an action in the Superior Court,— on the ground that, through mistake, an appearance had not been entered for the petitioner. The petition recited that the respondent alleged in his declaration that he was appointed trustee by the Probate Court under the Gen. Sts. c. 43, § 77, to receive certain damages payable by the city of Boston for the taking of certain land, for the reason that the owner and tenant thereof could not agree upon their…
1Opinion of the CourtGray, C. J.
A petition for a review j like a motion for a new trial, is addressed to the discretion of the presiding judge. His rulings upon specific points of law raised at the hearing upon the *315petition, such as the power to allow an amendment, or the competency of evidence, may be revised on exceptions. Davenport v. Holland, 2 Cush. 1. Gray v. Moore, 7 Gray, 215. Richardson v. Lloyd, 99 Mass. 475. But if upon a petition in due form, and competent evidence, the judge is of opinion that the petitioner has a substantia] defence to the action upon the merits, which by accident and mistake, and without…
2Cases cited2 opinions
- Gordon's Heirs v. GordonCourt of Appeals of Kentucky · 1858
- Richardson v. LloydMassachusetts Supreme Judicial Court · 1868
3Cited by18 opinions
- Marsch v. Southern New England RailroadMassachusetts Supreme Judicial Court · 1920
- City of Quincy v. Brooks-Skinner, Inc.Massachusetts Supreme Judicial Court · 1950
- Nichols v. NicholsMassachusetts Supreme Judicial Court · 1884
- Sylvester v. HubleyMassachusetts Supreme Judicial Court · 1892
- Manzi v. CarlsonMassachusetts Supreme Judicial Court · 1932
13 more not listed; retrieve them via the Exa API.