Legal Opinion

Rose v. Harrison

Massachusetts Supreme Judicial Court

Decided October 19, 1917PublishedCited by 4 opinions

Petition, filed in the Municipal Court of the City of Boston on October 10, 1916, to vacate a judgment of that court. The record contained a copy of the petition and of the jurat thereon, and a copy of an order of notice upon the petition issued by the Municipal Court of the City of Boston on October 13,1916. The rest of the record was as follows: “Petition filed in Municipal Court Oct. 10, 1916. “Entered in Superior Court Dec. 7, 1916. “Petition denied after hearing Feb. 9,…

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Petition, filed in the Municipal Court of the City of Boston on October 10, 1916, to vacate a judgment of that court. The record contained a copy of the petition and of the jurat thereon, and a copy of an order of notice upon the petition issued by the Municipal Court of the City of Boston on October 13,1916. The rest of the record was as follows: “Petition filed in Municipal Court Oct. 10, 1916. “Entered in Superior Court Dec. 7, 1916. “Petition denied after hearing Feb. 9, 1917. “ Plaintiff’s Appeal. “ And now the plaintiff appeals from the order or decree of this honorable court, denying…

1Opinion of the Court

By the Court.

This record consists of a “petition to vacate judgment,” the order of notice thereon, the date of filing in the Municipal Court, the date of entry in the Superior Court, a statement that the petition was “denied after hearing,” and the plaintiff’s appeal. The record is barren of any suggestion of a question of law. Therefore there is nothing to be considered. Cobb v. Hale, 172 Mass. 387.

The appeal is frivolous. The denial of the petition is affirmed with double costs under the statute.

So ordered.

2Cases cited1 opinion

  1. Cobb v. HaleMassachusetts Supreme Judicial Court · 1899

3Cited by4 opinions

  1. Fairbanks v. BeardMassachusetts Supreme Judicial Court · 1923
  2. Norton v. Musterole Co.Massachusetts Supreme Judicial Court · 1920
  3. Zeo v. HolzerMassachusetts Supreme Judicial Court · 1962
  4. Matos v. Trinity Constr. Co.Massachusetts Appeals Court · 1974

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