Legal Opinion
Magee v. Flynn
Massachusetts Supreme Judicial Court
Decided May 23, 1923PublishedCited by 11 opinions
1Opinion of the CourtRugg, C.J.
This proceeding is entitled- “ Petition for Writ of Review.” In substance and effect it is a motion to vacate judgment under G. L. c. 250, § 15. It was so treated by the judge of the Superior Court. Although called by a wrong name and otherwise informal, it ought to be considered on its merits for what it is. Davis v. National Life Ins. Co. 187 Mass. 468. See Maker v. Bouthier, 242 Mass. 20. There is nothing at variance with this in Clarke v. Backall, 171 Mass. 292. There ought to have been an averment in the motion that the execution had not been satisfied in whole or in part, but its…
2Cases cited8 opinions
- Karrick v. WetmoreMassachusetts Supreme Judicial Court · 1912
- Ryan v. HickeyMassachusetts Supreme Judicial Court · 1921
- Rollins v. Bay View Auto Parts Co.Massachusetts Supreme Judicial Court · 1921
- Maker v. BouthierMassachusetts Supreme Judicial Court · 1922
- Davis v. National Live InsuranceMassachusetts Supreme Judicial Court · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Charles I. Hosmer, Inc. v. CommonwealthMassachusetts Supreme Judicial Court · 1939
- E. S. Parks Shellac Co. v. JonesMassachusetts Supreme Judicial Court · 1928
- Attorney General v. HenryMassachusetts Supreme Judicial Court · 1928
- Farnum v. BradyMassachusetts Supreme Judicial Court · 1929
- Del Grosso v. Board of Appeal of RevereMassachusetts Supreme Judicial Court · 1953
6 more not listed; retrieve them via the Exa API.