Sylvester v. Hubley
Massachusetts Supreme Judicial Court
: Petition, filed in August, 1891, for the review of a judgment for $678.17 and costs, obtained by the respondent against the petitioner in July, 1891, in an action in the Superior Court. 'Hearing in the Superior Court, before Bond, J. The only cause of complaint was the failure of the petitioner’s attorney to attend at the trial and to notify the petitioner of the time when the case would be reached.
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: Petition, filed in August, 1891, for the review of a judgment for $678.17 and costs, obtained by the respondent against the petitioner in July, 1891, in an action in the Superior Court. 'Hearing in the Superior Court, before Bond, J. The only cause of complaint was the failure of the petitioner’s attorney to attend at the trial and to notify the petitioner of the time when the case would be reached. The petitioner’s affidavit was as follows : “ I did not know of trial until I was served with notice of sale on execution. I did not receive any notice of trial of any kind from anybody.” The…
1Opinion of the CourtKnowlton, J.
The power of the court to grant reviews in civil actions is expressed in very broad and comprehensive terms. When judgment is rendered, the Supreme Judicial Court or the Superior Court “ may, on petition, grant a review on such terms as it deems reasonable.” Pub. Sts. c. 187, §§ 22, 25. The question whether to grant a review, and if so on what terms, is addressed largely to the discretion of the judge. This discretion should be exercised in such a way as to promote an orderly and proper administration of justice, and not to encourage carelessness, ignorance, and laxity of practice in the…
2Cases cited2 opinions
- Gordon's Heirs v. GordonCourt of Appeals of Kentucky · 1858
- City of Boston v. RobbinsMassachusetts Supreme Judicial Court · 1874
3Cited by21 opinions
- Kravetz v. LipofskyMassachusetts Supreme Judicial Court · 1936
- Rollins v. Bay View Auto Parts Co.Massachusetts Supreme Judicial Court · 1921
- Alpert v. Mercury Publishing Co.Massachusetts Supreme Judicial Court · 1930
- Precious v. O'RourkeMassachusetts Supreme Judicial Court · 1930
- City of Quincy v. Brooks-Skinner, Inc.Massachusetts Supreme Judicial Court · 1950
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