Fay v. Inhabitants of Upton
Massachusetts Supreme Judicial Court
Appeal from an order of the Superior Court overruling a motion that a judgment upon an assessment of damages for land taken for the relocation of a highway be vacated, and execution thereon stayed.
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Appeal from an order of the Superior Court overruling a motion that a judgment upon an assessment of damages for land taken for the relocation of a highway be vacated, and execution thereon stayed. The record transmitted to this court disclosed that Nancy B. Fay filed a petition in the Superior Court, on October 28, 1888, against the town of Upton, for a jury to assess the damages occasioned to her land by the relocation of a highway in that town; that the case was tried in that court at the December sitting of 1889, and the jury returned a verdict for the petitioner and assessed her damages…
1Opinion of the CourtKnowlton, J.
The record in this case presents no question of law as a foundation for an appeal. The appellant’s motion contains allegations of fact, which must be sustained by evidence before the question of law arises on which the defendant seeks to obtain the decision of the court. There is nothing in the record to show that the facts relied on were established in the * Superior Court, or that any evidence was offered in support of them. See Pub. Sts. c. 152, § 10; Dorr v. Richardson, 114 Mass. 346.
On this record no appeal lies, and the entry must be,
Appeal dismissed.
2Cases cited1 opinion
- Dorr v. RichardsonMassachusetts Supreme Judicial Court · 1874
3Cited by7 opinions
- Shanahan v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Cummings v. AyerMassachusetts Supreme Judicial Court · 1905
- Corsiglia v. BurnhamMassachusetts Supreme Judicial Court · 1905
- Williams v. ClarkeMassachusetts Supreme Judicial Court · 1902
- Roberts v. FoggMassachusetts Supreme Judicial Court · 1923
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