New England Mut. Accident Ass'n v. Varian
| Decision Date | 17 January 1890 |
| Citation | 151 Mass. 17,23 N.E. 579 |
| Parties | NEW ENGLAND MUT. ACCIDENT ASS'N. v. VARIAN. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
John
L. Hunt, for respondent.
The superior court had authority to grant a review of a judgment rendered upon a default to a writ of scire facias against a trustee. Pub.St. c. 187, §§ 16, 25; Ex parte Packard, 10 Mass. 426. It does not appear that any evidence was erroneously admitted; and the matter of granting a petition for review, which is in substance and effect a motion for a new trial, was within its jurisdiction. In such cases the right of exception is very limited. The petition, with the evidence supporting it, having presented a proper case for the exercise of the discretion of the superior court, to the exercise of that discretion, within the limits of its lawful powers and jurisdiction, no exception lies. Dearborn v. Mathes, 128 Mass. 194; Boston v. Robbins, 116 Mass. 313. Exceptions overruled.
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Robinson v. Lyndonville Creamery Ass'n
...Mass. 131, 139 N. E. 517. It lies to review a judgment by default upon a scire facias against a trustee. New England Mutual Accident Association v. Varian, 151 Mass. 17, 23 N. E. 579. The granting of review rests largely although not exclusively in the discretion of the trial judge. Silvers......
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... ... New ... England Mutual Accident Association v. Varian, 151 Mass ... 17 ... ...