Opinion

De Toma v. Spector

  • 323 Mass. 758
  • 83 N.E.2d 885
  • 1949 Mass. LEXIS 516
Court
Massachusetts Supreme Judicial Court
Filed
Feb 3, 1949
Status
Published
Cited by
0 cases
Authority
More cited than 10.6%

The opinion

Judgment affirmed with double costs. This is a petition, under G. L. (Ter. Ed.) c. 250, § 22, for a writ of review to review a judgment obtained in the Municipal Court of the City of Boston by the respondent Spector against the petitioner. Apparently the petition was denied in the Municipal Court, and the petitioner appealed to the Superior Court. G. L. (Ter. Ed.) c. 231, § 97. Lynn Gas & Electric Co. v. Creditors National Clearing House, 235 Mass. 114 . In the Superior Court the petitioner filed a claim of trial by jury, which was dismissed on motion of the respondent, and the petitioner filed an appeal to this court. Later the petition was denied by the Superior Court, and the petitioner appealed to this court. Nothing is before us except matters of law apparent on the record. G. L. (Ter. Ed.) c. 231, § 96. Browne v. Fairhall, 218 Mass. 495 . A petition for review is addressed to the discretion of the court. Stillman v. Whittemore, 165 Mass. 234 . Robinson v. Lyndonville Creamery Association, 284 Mass. 396 . It would be anomalous and unprecedented to submit such a question of discretion to a jury. Not only does no error appear in the action of the Superior Court, but the appeals appear to us frivolous.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.