Shour v. Henin
Massachusetts Supreme Judicial Court
Contract to recover a balance alleged to be due under a building contract. Writ dated May 5, 1913. In the Superior Court in 1914, the action was referred to an auditor. On October 2, 1916, the action was marked on the Superior Court docket “dismissed, no action.” In May, 1917, a petition to vacate the judgment was allowed without the filing of a bond. In January, 1920, the rule to the auditor was discharged because no report had been filed.
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Contract to recover a balance alleged to be due under a building contract. Writ dated May 5, 1913. In the Superior Court in 1914, the action was referred to an auditor. On October 2, 1916, the action was marked on the Superior Court docket “dismissed, no action.” In May, 1917, a petition to vacate the judgment was allowed without the filing of a bond. In January, 1920, the rule to the auditor was discharged because no report had been filed. In April, 1920, a motion filed by the plaintiff for a jury trial was allowed. On March 11, 1921, the action was tried before King, J., and the jury…
1Opinion of the CourtRugg, C. J.
This is an action of contract. The writ is dated May 5, 1913. In March, 1914, the case was referred to an auditor. Hearings were held before him, some of them within two years prior to October 2, 1916. On that date the case was marked on the Superior Court docket “dismissed, no action.” On May 11, 1917, petition was filed to vacate the judgment on the ground that the order of dismissal was erroneously entered because hearings had been held before the auditor within two years. There was a hearing upon this petition on its merits, where it appeared that counsel for the defendant was present and…
2Cases cited10 opinions
- Boston & Albany Railroad v. ReardonMassachusetts Supreme Judicial Court · 1917
- Perkins v. PerkinsMassachusetts Supreme Judicial Court · 1917
- Karrick v. WetmoreMassachusetts Supreme Judicial Court · 1912
- Bauer v. International Waste Co.Massachusetts Supreme Judicial Court · 1909
- Marsch v. Southern New England RailroadMassachusetts Supreme Judicial Court · 1920
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Lonergan v. American Railway Express Co.Massachusetts Supreme Judicial Court · 1924
- Byfield v. City of NewtonMassachusetts Supreme Judicial Court · 1923
- Commonwealth v. McKnightMassachusetts Supreme Judicial Court · 1935
- Maker v. BouthierMassachusetts Supreme Judicial Court · 1922
- Everett-Morgan Co. v. Boyajian PharmacyMassachusetts Supreme Judicial Court · 1923
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