Legal Opinion

Reed v. Home Savings Bank

Massachusetts Supreme Judicial Court

Decided February 28, 1881PublishedCited by 41 opinions

Tobt for malicious prosecution. Trial in the Superior Court, before Bacon, J., who, after a verdict for the defendant, reported the case, against the defendant’s objection, for the determination of this court, in substance as follows: The defendant is a corporation, with all the powers and privileges, and subject to all the duties, liabilities and restrictions, set forth in the general laws of the Commonwealth relating to institutions for savings.

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Tobt for malicious prosecution. Trial in the Superior Court, before Bacon, J., who, after a verdict for the defendant, reported the case, against the defendant’s objection, for the determination of this court, in substance as follows: The defendant is a corporation, with all the powers and privileges, and subject to all the duties, liabilities and restrictions, set forth in the general laws of the Commonwealth relating to institutions for savings. At the request of the defendant, and against the objection and exception of the plaintiff, the judge ruled that the action could not be maintained;…

1Opinion of the CourtGray, C. J.

The authority of the Superior Court, at its dis cretion, to reserve upon report, after verdict and before judgment in a civil action, for the determination of this court, any ruling in matter of law distinctly objected to at the trial, is not subject to any such limit in point of time as the filing and presentment of exceptions; and is not affected by the question whether the party aggrieved has or has not formally alleged and duly presented exceptions to the ruling objected to. Gen. Sts. c. 115, §§ 6-8.

It cannot be doubted that the report of a question of law raised at the trial may be filed…

2Cases cited7 opinions

  1. Stewart v. SonnebornSupreme Court of the United States · 1879
  2. Philadelphia, Wilmington, & Baltimore Railroad v. QuigleySupreme Court of the United States · 1859
  3. Carter v. Howe Machine Co.Court of Appeals of Maryland · 1879
  4. Goodspeed v. East Haddam BankSupreme Court of Connecticut · 1852
  5. Williams v. Planters' Insurance Co.Mississippi Supreme Court · 1880

2 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
  2. Salt Lake City v. HollisterSupreme Court of the United States · 1886
  3. Telegram Newspaper Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1899
  4. Nims v. Mount Hermon Boys' SchoolMassachusetts Supreme Judicial Court · 1893
  5. Stewart v. WrightCourt of Appeals for the Eighth Circuit · 1906

36 more not listed; retrieve them via the Exa API.

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