in re Sullivan

Decision Date24 March 1898
Citation170 Mass. 504,49 N.E. 916
PartiesIn re SULLIVAN.
CourtUnited States State Supreme Judicial Court of Massachusetts Supreme Court
COUNSEL

Geo. R. Swasey, for petitioner.

OPINION

ALLEN, J.

The only exceptions taken by the petitioner, which are set forth in the petition, were to the refusal of the court to hear an argument upon the motion for a rehearing, and to the order entering the final decree. After the decision of the case, the court was not bound to reconsider the facts, or to entertain or reconsider questions of law involved in the finding, in respect to which no exception had been saved at the hearing. Gaslight Co. v. Bean, 1 Allen, 274; Phillips v. Soule, 6 Allen, 150; Kidney v. Richards, 10 Allen, 419; Caverly v. McOwen, 126 Mass. 222; Com. v. Morrison, 134 Mass. 189; Capron v. Anness, 136 Mass. 271; Lynch v. Peabody, 137 Mass. 92. No exception to the entry of the final decree was open, under the circumstances. The petition therefore sets forth no ground of exception, and must be dismissed.

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6 cases
  • Peterson v. Hopson
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • September 17, 1940
    ...second ruling, and claiming an exception or appeal from that second ruling. Caverly v. McOwen, 126 Mass. 222, 224;Sullivan v. Boston Bar Association, 170 Mass. 504, 49 N.E. 916;Robbins v. Brockton Street Railway, 180 Mass. 51, 61 N.E. 265;Blackburn v. Boston & Northern Street Railway, 201 M......
  • Peterson v. Hopson
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • September 17, 1940
    ... ... A ... question of law not seasonably and properly saved, cannot be ... revived by the simple expedient of bringing it forward again, ... demanding a second ruling, and claiming an exception or ... appeal from that second ruling. Caverly v. McOwen, ... 126 Mass. 222 , 224. Sullivan v. Boston Bar ... Association, 170 Mass. 504. Robbins v. Brockton ... Street Railway, 180 Mass. 51 ... Blackburn v. Boston & ... Northern Street Railway, 201 Mass. 186 , 189. Phillips v ... Director General of Railroads, 251 Mass. 263 , 268 ... Commonwealth v. Clifford, 254 Mass. 390 , ... ...
  • Nerbonne v. New England S.S. Co.
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • December 4, 1934
    ...of fact or law. Pingree v. Coffin, 12 Gray, 288, 324;Commonwealth v. Ruisseau, 140 Mass. 363, 5 N. E. 166;Sullivan v. Bar Association of City of Boston, 170 Mass. 504, 49 N. E. 916;Bar Association of City of Boston v. Casey, 227 Mass. 46, 116 N. E. 541; Clark v. McNeil, 246 Mass. 250, 256, ......
  • Nerbonne v. New England Steamship Co.
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • December 4, 1934
    ... ... But ... the principle is of general application, apart from statute ... A tribunal cannot ordinarily be required to reconsider upon ... the same evidence its decision of fact or law. Pingree v ... Coffin, 12 Gray, 288, 324. Commonwealth v. Ruisseau, ... 140 Mass. 363. Sullivan v. Boston Bar Association, ... 170 Mass. 504 ... Boston Bar Association v. Casey, 227 ... Mass. 46 ... Clark v. McNeil, 246 Mass. 250 , 256 ... Barringer v. Northridge, 266 Mass. 315 , 320 ... Union Trust Co. of Springfield v. Magenis, 266 Mass ... 363 , 365. Pepper v. Old Colony Trust Co. 268 ... ...
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