Regal v. Lyon
Massachusetts Supreme Judicial Court
Contract against the administratrix of the estate of a constable for $110 alleged to have been deposited by the plaintiffs with the defendant’s intestate in lieu of a bond to dissolve an attachment upon goods and effects of the plaintiffs. Writ dated April 4, 1910. In the Superior Court the defendant filed an answer in abatement.
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Contract against the administratrix of the estate of a constable for $110 alleged to have been deposited by the plaintiffs with the defendant’s intestate in lieu of a bond to dissolve an attachment upon goods and effects of the plaintiffs. Writ dated April 4, 1910. In the Superior Court the defendant filed an answer in abatement. The case was heard upon the matters alleged in this answer by Jenney, J., who made an order as follows: “Sustained after hearing and judgment ordered for the defendant.” The judge filed a memorandum of findings, which is referred to in the opinion as constituting no…
1Opinion of the CourtBraley, J.
The memorandum of his findings of fact and reasons for decision filed by the presiding judge who heard the case without a jury cannot be considered as constituting a part of the record on which the plaintiffs’ appeal is founded. If dissatisfied with the ruling sustaining the defendant’s answer in abatement they should have excepted. No judgment having been entered there is no question of law apparent upon the record for this court to decide and the appeal must be dismissed. R. L. c. 173, § 96. St. 1906, c. 342, § 2. Cotter v. Nathan & Hurst Co. 211 Mass. 31. Chapman v. Briggs Iron Co. 6 Gray,…
2Cases cited7 opinions
- Ingalls v. HobbsMassachusetts Supreme Judicial Court · 1892
- Cotter v. Nathan & Hurst Co.Massachusetts Supreme Judicial Court · 1912
- Abbott v. WalkerMassachusetts Supreme Judicial Court · 1910
- BoydMassachusetts Supreme Judicial Court · 1908
- Standish v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Keljikian v. Star Brewing Co.Massachusetts Supreme Judicial Court · 1939
- Harrington v. AndersonMassachusetts Supreme Judicial Court · 1944
- Cressey v. CresseyMassachusetts Supreme Judicial Court · 1912
- Cohen v. BerkowitzMassachusetts Supreme Judicial Court · 1913
- Norton v. Musterole Co.Massachusetts Supreme Judicial Court · 1920
4 more not listed; retrieve them via the Exa API.