Oliver v. Brazil

• Decision Date: 26 October 1934
• Citation: 288 Mass. 252,192 N.E. 486
• Parties: OLIVER v. BRAZIL et al.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

288 Mass. 252

192 N.E. 486

OLIVER

v.BRAZIL et al.

Supreme Judicial Court of Massachusetts, Bristol.

Oct. 26, 1934.

Exceptions from Superior Court, Bristol County; Hanify, Judge.

Petition by Frank Oliver, Jr., against Manuel T. Brazil and others to vacate a judgment in an action in tort in favor of respondent in the sum of $1,059.74. At the hearing in the Superior Court on appeal from the District Court, the petition was dismissed, and petitioner brings exceptions.

Exceptions overruled.

S. Rosenberg, of Boston, for petitioner.

G. B. Goodman, of New Bedford, for respondents.

PER CURIAM.

[1][2] This is a petition to vacate a judgment rendered in a district court in favor of the respondents against the petitioner. In the Superior Court the trial judge made findings to the effect that at the trial of the original action the petitioner was present, was represented by counsel and had ample opportunity to present the evidence relied upon at the hearing on the present petition, and concluded in these words: ‘I am satisfied from the evidence presented at the hearing before me that substantial justice was done in the trial of the original action and that the petitioner had his day in court.’ The requests of the petitioner so far as they were rulings of law were given. Requests based upon facts were denied because such facts were not found. The evidence need not be reviewed. The essential findings of facts were against the petitioner. In this there was no error of law. Upon this record the petition was addressed to the sound judicial discretion of the trial judge. There was no abuse of discretion in denying it. Rollins v. Bay View Auto Parts Co., 239 Mass. 414, 423, 424, 132 N. E. 177;Ryan v. Hickey, 240 Mass. 46, 132 N. E. 718;Beserosky v. Mason, 269 Mass. 325, 168 N. E. 726;Town of Hopkinton v. B. F. Sturtevant Co. (Mass.) 189 N. E. 107.

Exceptions overruled.