Marsch v. Southern New England Railroad
Massachusetts Supreme Judicial Court
Contract, with a declaration in two counts, the first count being upon a contract in writing for the construction of a railroad from Palmer to a point in Blackstone adjoining the State line of Rhode Island, and the second count being upon an account annexed containing two hundred and forty-nine items (the first item having two hundred and twenty-four subdivisions) for $1,319,-327.88 for labor and materials performed and furnished.
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Contract, with a declaration in two counts, the first count being upon a contract in writing for the construction of a railroad from Palmer to a point in Blackstone adjoining the State line of Rhode Island, and the second count being upon an account annexed containing two hundred and forty-nine items (the first item having two hundred and twenty-four subdivisions) for $1,319,-327.88 for labor and materials performed and furnished. Writ dated November 25, 1916. The defendant demurred to the first count of the declaration and filed.an answer to the count upon the account annexed. The plaintiff…
1Opinion of the CourtBraley, J.
"A final judgment may be set aside on an appeal seasonably taken for the correction of errors of law apparent on the face of the record, or by a petition to vacate a judgment, or by a writ of review ... or by a writ of error, if there are grounds for any of these proceedings.” R. L. c. 193, §§ 1-9, 15-18, 21-37. Davis v. National Life Ins. Co. 187 Mass. 468, 469. But under R. L. c. 193, § 14, a judgment also may be vacated upon motion in writing of the prevailing party, filed in the case within three months thereafter if the execution has not been satisfied in whole or in part. It is under…
2Cases cited25 opinions
- Carnig v. CarrMassachusetts Supreme Judicial Court · 1897
- Lumiansky v. TessierMassachusetts Supreme Judicial Court · 1912
- Marsch v. Southern New England RailroadMassachusetts Supreme Judicial Court · 1918
- Bothwell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- West v. PlattMassachusetts Supreme Judicial Court · 1879
20 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- 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
- Commonwealth v. VallarelliMassachusetts Supreme Judicial Court · 1930
- Otteman v. Interstate Fire and Casualty CompanyNebraska Supreme Court · 1960
24 more not listed; retrieve them via the Exa API.