# Hayes v. Collins

> Massachusetts Supreme Judicial Court · November 15, 1873 · 114 Mass. 54

URL: https://www.frixlaw.com/law-library/cases/6417482

## Case

- **Full name:** Mary Hayes v. Richard Collins
- **Court:** Massachusetts Supreme Judicial Court
- **Decided:** November 15, 1873
- **Citations:** 114 Mass. 54
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Gray
- **Judges:** Gray
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6417482

## Opinion text

Gray, C. J.
A petition for a review is addressed to the discretion of the judge to whom it is presented, and his decision *56 thereon can be revised upon exceptions or report only for erroneous rulings in matter of law. Gen. Sts. c. 115, § 7; c. 146, §§ 21, 24. Converse v. Carter, 8 Allen, 568 . Richardson v. Lloyd, 99 Mass. 475 . Weeks v. Adamson, 106 Mass. 514 . The only question raised by the exceptions in the case at bar is whether the judgment for the respondent upon a similar petition previously presented to the Superior Court is a bar to the present petition. If the judgment upon the former petition had passed upon the merits, it might well be held to be a conclusive adjudication that the petitioner was not entitled to have the original judgment reviewed, just as the affirmance of a judgment upon a writ of error is held to be a bar to a second writ of error for any cause which existed at the time of that judgment. Booth v. Commonwealth, 7 Met. 285. Bodurtha v. Goodrich, 3 Gray, 508 . But the judgment upon the' first petition for a review in this case does not appear to have been a judgment of dismissal upon the merits, but a mere judgment for the respondent for his costs, in the nature of a judgment upon a nonsuit or discontinuance, such as is rendered for the defendant in an ordinary action at law, which the plaintiff neglects to enter, or to file a declaraition in. Gen. Sts. c. 120, § 12; c. 129, § 9; c. 156, § 12. Gilbreth v. Brown, 15 Mass. 178 . Coburn v. Whitely, 8 Met. 272 . Such a judgment is no bar to a new suit or petition. Burrell v. Burrell, 10 Mass. 221 . Wade v. Howard, 8 Pick. 353 . Ensign v. Bartholomew, 1 Met. 274 . Homer v. Brown, 16 How. 354, 365 .
Exceptions overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6417482. Public record. Not legal advice.