Graham v. Lord
Massachusetts Supreme Judicial Court
Petition, under Pub. Sts, c. 191, to enforce a mechanic’s lien, against Charles J. Lord, Hannah E. Young, and Hattie C. Ham-burgher. Trial in the Superior Court, without a jury, before Hardy, J., who found for the respondents; and the petitioners alleged exceptions to the overruling of a motion that issues be framed for a jury. The facts material to the point decided appear in the opinion.
1Opinion of the CourtKnowlton, J.
On the offer of proof made by the petitioners’ counsel in opening the case, supplemented by the testimony of one of the petitioners, the presiding justice ruled that the petition could not be maintained, and no exception was taken to this ruling. It is difficult to see how the petitioners could be harmed by the refusal of the judge to frame issues for a jury, inasmuch as there was no dispute of fact between the parties, and no issue of fact was involved in the decision of the case.
But if we assume in favor of the petitioners that on the averments of the petition, and denials and averments of…
2Cases cited3 opinions
- Holmes v. Turner's Falls Co.Massachusetts Supreme Judicial Court · 1890
- Corbett v. GreenlawMassachusetts Supreme Judicial Court · 1875
- Vitrified Wheel & Emery Co. v. EdwardsMassachusetts Supreme Judicial Court · 1883
3Cited by3 opinions
- State ex rel. Nichols v. CherryUtah Supreme Court · 1900
- Graham v. MeddlebyMassachusetts Supreme Judicial Court · 1913
- Moushegian v. SheppardMassachusetts Supreme Judicial Court · 1932