Standish v. Old C. R. Co.

CourtUnited States State Supreme Judicial Court of Massachusetts
Citation129 Mass. 158
PartiesMartin P. Standish v. Old Colony Railroad Company
Decision Date02 July 1880

Suffolk. Appeal from an order of the Superior Court for judgment on an award made and returned into that court in pursuance of a submission under the Gen. Sts. c. 147, §§ 1, 2.

The record showed that the appellant, on October 27, 1879, entered with the appellee into a submission, under the statute, of the appellant's claim for damages sustained by reason of personal injuries alleged to have been caused by the negligence of the appellee on August 29, 1879, while the appellant was a passenger on the railroad of the appellee, to the determination of three arbitrators, the award of whom, or of the majority of whom, being made and reported to the Superior Court for the county of Suffolk, the judgment thereon was to be final; that, under date of November 3, 1879, the arbitrators reported to the court their award, which set forth that the arbitrators, in pursuance of the submission, had duly notified the parties, and, having heard and considered their several allegations, proofs and arguments, awarded and determined that the appellee should pay to the appellant the sum of $ 1200, and should also pay certain bills.

The record further showed, that the appellant filed a motion to set aside and vacate the award, assigning certain reasons therefor which it is now unnecessary to state; that the appellee filed a motion, setting forth that the bills referred to in the award had been paid, and moving that judgment be entered on the award for $ 1200 and interest from the date of the award; and that the court accepted the award, and ordered judgment accordingly.

The copies from the Superior Court included this memorandum, signed by Pitman, J., following the appellant's motion to set aside and vacate the award: "Jan. 13, 1880. Motion overruled. I hold that the matters set forth in the within motion, if proved, are not sufficient in law to authorize setting aside the award."

Judgment affirmed.

A. R. Brown & E. A. Alger, for the appellant.

J. H. Benton, Jr., for the appellee.

Colt, J., absent.

OPINION

By the Court.

The judge's memorandum of the ground of his ruling is no part of the record, and therefore the remedy of the party aggrieved is not by appeal, but by bill of exceptions. Gen. Sts. c. 114, § 10; c. 115, § 7.

Judgment affirmed.

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12 cases
  • Watts v. Watts
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • 1 Diciembre 1942
    ...made by a judge in such actions can be considered by this court only upon bill of exceptions or report by the judge. Standish v. Old Colony Railroad Co., 129 Mass. 158, 159;New York Life Ins. Co. v. Macomber, 169 Mass. 580, 581, 48 N.E. 776;Cressey v. Cressey, 213 Mass. 191, 192, 99 N.E. 97......
  • Swan v. Justices of Superior Court
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • 9 Febrero 1916
    ...proceeding at common law a written statement filed by the judge as to the grounds of his ruling is no part of the record. Standish v. Old Colony R. R., 129 Mass. 158;Cressey v. Cressey, 213 Mass. 191, 99 N. E. 972;Cohen v. Berkowitz, 215 Mass. 68, 71, 102 N. E. 124. But as was said by Gray,......
  • Norton v. Musterole Co. Inc
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • 20 Mayo 1920
    ...exceptions or report. Cressey v. Cressey, 213 Mass. 191, 99 N. E. 972;Naylor v. Nourse, 231 Mass. 341, 343, 121 N. E. 26;Standish v. Old Colony R. R., 129 Mass. 158;Regal v. Lyon, 212 Mass. 230, 98 N. E. 698, and cases collected; Swan v. Justices of the Superior Court, 222 Mass. 542, 545, 1......
  • Swan v. Justices of Super. Court
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • 9 Febrero 1916
    ... ... not prohibit an aggrieved party from invoking the writ of ... certiorari in appropriate instances ...        In a proceeding at ... common law a written statement filed by the judge as to the ... grounds of his ruling is no part of the record. Standish ... v. Old Colony Railroad, 129 Mass. 158 ... Cressey v ... Cressey, 213 Mass. 191 ... Cohen v. Berkowitz, ... 215 Mass. 68 , 71. But as was said by Gray, C. J., in ... Farmington River Water Power Co. v. County ... Commissioners, 112 Mass. 206 , at pages 213, 214, ... "If a question of law is ... ...
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