Cheney v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Writ of error, issued on October 11, 1922, to the Chief Justice of the Superior Court upon petition of Frederick P. Cheney, seeking to have reversed a judgment dismissing, under Rule 63 of the Superior Court (1915), an action by him against the Boston and Maine Railroad.
Read the full summary
Writ of error, issued on October 11, 1922, to the Chief Justice of the Superior Court upon petition of Frederick P. Cheney, seeking to have reversed a judgment dismissing, under Rule 63 of the Superior Court (1915), an action by him against the Boston and Maine Railroad. The assignments of error were in substance that, after the rescript from this court in the original action in June, 1917, the Superior Court under Rule 57 of the Superior Court (1915) should have entered judgment for the defendant on the first Monday of July, 1917, and that the entry of judgment on October 6, 1919, was error;…
1Opinion of the CourtRugg, C.J.
This is a writ of error. G. L. c. 250, §§ 1, 2, 3. The defendant in substance pleaded in nullo est erratum. Hence the case is here. Perkins v. Bangs, 206 Mass. 408. Lynn Gas & Electric Co. v. Creditors National Clearing House, Inc. 237 Mass. 505.
The original case was an action of contract in the Superior Court. A verdict was returned for the plaintiff. Exceptions taken at the trial were heard in this court. The decision on exceptions is reported in 227 Mass. 336. The rescript from this court, filed in the Superior Court on the fourth of June, 1917, was “ Exceptions sustained.” The only record…
2Cases cited24 opinions
- Great Northern Railway Co. v. Merchants Elevator Co.Supreme Court of the United States · 1922
- Bothwell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Karrick v. WetmoreMassachusetts Supreme Judicial Court · 1912
- Bar Ass'n v. CaseyMassachusetts Supreme Judicial Court · 1917
- Perkins v. BangsMassachusetts Supreme Judicial Court · 1910
19 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Blankenburg v. CommonwealthMassachusetts Supreme Judicial Court · 1927
- Quincy Trust Co. v. TaylorMassachusetts Supreme Judicial Court · 1944
- Farnum v. BradyMassachusetts Supreme Judicial Court · 1929
- State Ex Rel. Meyer v. District CourtMontana Supreme Court · 1936
- State Realty Co. of Boston, Inc. v. MacNeil Bros. Co.Massachusetts Supreme Judicial Court · 1970
16 more not listed; retrieve them via the Exa API.