Fay v. Inhabitants of Upton
| Decision Date | 08 January 1891 |
| Citation | 26 N.E. 997,153 Mass. 6 |
| Parties | FAY v. UPTON. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
John Hopkins, for appellant.
B.W. Potter and H.W. Aiken, for appellee.
The report in this case presents no question of law as a foundation for an appeal. The defendant's motion contains allegations of fact which must be sustained by evidence before the question of law arises on which the defendant seeks to obtain the decision of the court. There is nothing in the record to show that the facts relied on were established in the superior court, or that any evidence was offered in support of them. See Pub.St. c. 152, § 10; Dorr v. Richardson, 114 Mass. 346. On this record no appeal lies, and the entry must be, appeal dismissed.
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Cummings v. Ayer
...and until this had been done the plaintiff's right of appeal to this court was in abeyance. Rev. Laws, c. 173, § 96. Fay v. Upton, 153 Mass. 6, 26 N.E. 997; Rice v. Albee, 164 Mass. 88, 90, 41 N.E. 122. the practice adopted in this case by the superior court, after the demurrer was sustaine......
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Roberts v. Fogg
...of by saying that the allegations of fact contained in the motion do not appear to have been supported by any evidence. Fay v. Upton, 153 Mass. 6, 26 N. E. 997. But, even assuming that a copy of the procceedings in the bankruptcy court was annexed to the motion, no error of law appears on t......
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Roberts v. Fogg
...be disposed of by saying that the allegations of fact contained in the motion do not appear to have been supported by any evidence. Fay v. Upton, 153 Mass. 6 But even assuming that a copy of the proceedings in the bankruptcy court was annexed to the motion, no error of law appears on the fa......
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Shanahan v. Boston & N. St. Ry. Co.
... ... Bacharach, 187 Mass. 128, ... 133, 72 N.E. 938; Warburton v. Gourse, 193 Mass ... 203, 79 N.E. 270; Rev. Laws, c. 173, § 96; Fay v ... Upton, 153 Mass. 6, 26 N.E. 997; Corsiglia v ... Burnham, 189 Mass. 347, 75 N.E. 253. Upon this record ... the granting of a new trial because the ... ...