Burnham v. Haskell
Massachusetts Supreme Judicial Court
Tort for conversion. Writ in the First District Court of Essex dated October 28, 1905. On appeal to the Superior Court the case was entered on the first Monday of March, 1907, and remained without action until December 23, 1910. Previous to the December, 1910, sitting of the court in Essex County, the cleric gave notice of a calling of a portion of the civil docket under Rule 60 of the court on December 23. Rule 60 of the Superior Court reads as follows: “The civil docket or…
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Tort for conversion. Writ in the First District Court of Essex dated October 28, 1905. On appeal to the Superior Court the case was entered on the first Monday of March, 1907, and remained without action until December 23, 1910. Previous to the December, 1910, sitting of the court in Essex County, the cleric gave notice of a calling of a portion of the civil docket under Rule 60 of the court on December 23. Rule 60 of the Superior Court reads as follows: “The civil docket or such part thereof as the court shall direct, shall be called in each year, and after such notice, by publication, or…
1Opinion of the CourtBkaley, J.
The order entered at the calling of the docket was provisional, that if not tried at the next April sitting the case should be dismissed. It appears from the memorandum of decision, which is conclusive as to the facts, that although put on the trial list, yet when reached the case was postponed by the parties, and, not having been disposed of, it was placed on the trial list for the following November sitting. . When reached at this sitting after having been twice continued to a day certain by agreement of parties and with the approval of the court, the plaintiff recovered a verdict.
The…
2Cases cited2 opinions
- Karrick v. WetmoreMassachusetts Supreme Judicial Court · 1912
- Shawmut Commercial Paper Co. v. CramMassachusetts Supreme Judicial Court · 1912
3Cited by4 opinions
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- Highland Trust Co. v. SlotnickMassachusetts Supreme Judicial Court · 1935
- Krinsky v. Stevens Coal Sales Co.Massachusetts Supreme Judicial Court · 1941
- Hart v. ChattertonMassachusetts Supreme Judicial Court · 1913