Daley v. Legate
Massachusetts Supreme Judicial Court
Two petition's to enforce mechanic’s liens, under Pub. Sts. c. 191. In the Superior Court, the cases were referred to an auditor to “ hear the parties, examine their vouchers and evidence, and state the accounts, and make report thereof to the court, the finding of the auditor to be final on questions of fact.” The auditor found and reported the following facts in the first case.
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Two petition's to enforce mechanic’s liens, under Pub. Sts. c. 191. In the Superior Court, the cases were referred to an auditor to “ hear the parties, examine their vouchers and evidence, and state the accounts, and make report thereof to the court, the finding of the auditor to be final on questions of fact.” The auditor found and reported the following facts in the first case. The petitioner had been employed by one D. J. Crowley for about two years before be did the work mentioned in this case. Crowley was engaged in stonework, so called, and carried on a yard at North Adams for doing…
1Opinion of the CourtMorton, J.
The facts in these two cases are very much alike, and they were argued together. At the argument the petitioner in each case moved that the appeal be dismissed and the judgment affirmed, on the ground that the appeal had not been entered in this court within a reasonable time, as required by statute. Pub. Sts. c. 158, § 15. The motion was dismissed in each case, it appearing that there was a reasonable excuse for the delay.
The cases were referred in the Superior Court to an auditor to “ hear the parties, examine their vouchers and evidence, and state the accounts, and make report thereof to…
2Cases cited9 opinions
- Jones v. KeenMassachusetts Supreme Judicial Court · 1874
- Beatty v. ParkerMassachusetts Supreme Judicial Court · 1886
- Hilton v. MerrillMassachusetts Supreme Judicial Court · 1871
- Bowen v. PhinneyMassachusetts Supreme Judicial Court · 1895
- Webster v. Real Estate Improvement Co.Massachusetts Supreme Judicial Court · 1886
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3Cited by12 opinions
- Merrimac Chemical Co. v. MooreMassachusetts Supreme Judicial Court · 1932
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- Manning v. Woodlawn Cemetery Corp.Massachusetts Supreme Judicial Court · 1921
- Tripp v. MacomberMassachusetts Supreme Judicial Court · 1904
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