Greene v. Farlow
Massachusetts Supreme Judicial Court
Writ of entry. At the trial in the Superior Court, before Brigham, C. J., the jury returned a verdict for the tenant; and the demandants moved that the verdict be set aside and a new trial ordered, for the following reasons: “ That by accident and mistake they omitted to put in evidence a quitclaim deed from Thomas W. Sumner, husband of Elizabeth Sumner, their ancestor, to John Hubbart, dated November 17,1818, and recorded with Suffolk registry of deeds, lib. 262, fol. 285;…
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Writ of entry. At the trial in the Superior Court, before Brigham, C. J., the jury returned a verdict for the tenant; and the demandants moved that the verdict be set aside and a new trial ordered, for the following reasons: “ That by accident and mistake they omitted to put in evidence a quitclaim deed from Thomas W. Sumner, husband of Elizabeth Sumner, their ancestor, to John Hubbart, dated November 17,1818, and recorded with Suffolk registry of deeds, lib. 262, fol. 285; that said deed covered and purported to convey the demanded premises, and is deemed essential to the proper…
1Opinion of the Court
By the Court.
The power is vested in the Superior Court, in its discretion, to set aside the verdict in any case tried in that court, and to order a new trial, for any cause for which a new trial may by law be granted. Pub. Sts. c. 153, § 6. This includes a case where that court is satisfied that, by reason of some accident, mistake, or misfortune in the conduct of the trial, a new trial is necessary to prevent a failure of justice. Cutler v. Rice, 14 Pick. 494. The motion of the demandants, and the affidavit in support of it, state a case which authorized the Superior Court to grant a new…
2Cited by9 opinions
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- Commonwealth v. DascalakisMassachusetts Supreme Judicial Court · 1923
- Weil v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Scannell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Ellis v. GinsburgMassachusetts Supreme Judicial Court · 1895
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