Legal Opinion
Marquis v. Messier
Massachusetts Supreme Judicial Court
Decided July 7, 1939PublishedCited by 47 opinions
1Opinion of the CourtLummus, J.
These cases have been tried twice. After findings for the defendant at the first trial, the Appellate Division found error and ordered a new trial. The second trial resulted in findings for the plaintiffs, and the Appellate Division dismissed a report in each case. The defendant appealed.
First we must consider whether there was error at the first trial. If there was none, the defendant is entitled to prevail, regardless of later proceedings. Weiner v. Pictorial Payer Package Corp., ante, 123, 128, 129, 134.
The declaration in the first case was in three counts. The first count was based on G.…
2Cases cited8 opinions
- Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
- Strong v. Haverhill Electric Co.Massachusetts Supreme Judicial Court · 1938
- Long v. GeorgeMassachusetts Supreme Judicial Court · 1937
- Cameron v. BuckleyMassachusetts Supreme Judicial Court · 1938
- Pittsley v. DavidMassachusetts Supreme Judicial Court · 1937
3 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Perry v. HanoverMassachusetts Supreme Judicial Court · 1943
- Liberatore v. Town of FraminghamMassachusetts Supreme Judicial Court · 1944
- Stella v. CurtisMassachusetts Supreme Judicial Court · 1965
- Memishian v. PhippsMassachusetts Supreme Judicial Court · 1942
- Rummel v. PetersMassachusetts Supreme Judicial Court · 1943
42 more not listed; retrieve them via the Exa API.