Hunneman v. Phelps
Massachusetts Supreme Judicial Court
Contract to recover the value of professional services as an attorney at law alleged to have been rendered to the defendant by the plaintiff from March, 1904, to January, 1905. Writ in the Superior Court for the county of Norfolk dated January 19,1905. The case was referred to an auditor “ to hear the parties, to examine their vouchers and evidence and to state the accounts of the parties and to make report thereof to the court.”
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Contract to recover the value of professional services as an attorney at law alleged to have been rendered to the defendant by the plaintiff from March, 1904, to January, 1905. Writ in the Superior Court for the county of Norfolk dated January 19,1905. The case was referred to an auditor “ to hear the parties, to examine their vouchers and evidence and to state the accounts of the parties and to make report thereof to the court.” The hearings before the auditor began on March 27, 1907, and were closed July 18, 1907. The only witnesses that appeared before the auditor were the plaintiff and…
1Opinion of the CourtSheldon, J.
The court rightly admitted the auditor’s re*20port in evidence. A motion to discharge the report had been denied by the court; and the defendant never asked to have the report recommitted, and expressly declined to ask that any part of it be stricken out. If there were any such errors in the report as were claimed by the defendant, which does not appear, the defendant’s remedy was by moving to recommit the report or to have any erroneous or injurious portion stricken out. R. L,. c. 165, § 58. Briggs v. Gilman, 127 Mass. 530, 531. Collins v. Wickwire, 162 Mass. 143. Sullivan v. Arcand, 165 Mass.…
2Cases cited11 opinions
- Commonwealth v. TuckerMassachusetts Supreme Judicial Court · 1905
- Collins v. WickwireMassachusetts Supreme Judicial Court · 1894
- Anderson v. AlbertstammMassachusetts Supreme Judicial Court · 1900
- Briggs v. GilmanMassachusetts Supreme Judicial Court · 1879
- Sullivan v. ArcandMassachusetts Supreme Judicial Court · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Berger v. StateCourt of Appeals of Maryland · 1941
- Davidson v. Massachusetts Casualty InsuranceMassachusetts Supreme Judicial Court · 1949
- Greene v. CoreyMassachusetts Supreme Judicial Court · 1912
- Tobin v. KellsMassachusetts Supreme Judicial Court · 1911
3 more not listed; retrieve them via the Exa API.