School Committee Winchendon v. Selectmen Book Reviews
School Committee Winchendon v. Selectmen by Supreme Judicial Court of Massachusetts Book Summary
LUMMUS, Justice. Appeals from probate courts are governed by equity practice. This was true to a large extent under R.L. (1902) c. 162, §§ 15 (G.L.[Ter.Ed.] c. 215, § 21). Chapman v. Chapman, 224 Mass. 427, 428, 113 N.E. 359, L.R.A.1916F, 528; Ensign v. Faxon, 229 Mass. 231, 233, 118 N.E. 337. See, also, as to equity cases, Burroughts v. Wellington, 211 Mass. 494, 496, 98 N.E. 596. It was made true generally by St.1919, c. 274 (G.L.[Ter.Ed.] c. 215, §§ 9-18, 22). In re Mackintosh, Petitioner, 246 Mass. 482, 141 N.E. 496; Littlejohn v. Littlejohn, 236 Mass. 326, 128 N.E. 425; Drew v. Drew, 250 Mass. 41, 144 N.E. 763; Boston Safe Deposit & Trust Co. v. Wickham, 254 Mass. 471, 473, 150 N.E. 223; Goss v. Donnell, 263 Mass. 521, 161 N.E. 896; Gallagher v. Phinney, 284 Mass. 255, 187 N.E. 612; Hopkins v. Hopkins, 287 Mass. 542, 545, 192 N.E. 145, 95 A.L.R. 1286; Bratt v. Cox, 290 Mass. 553, 195 N.E. 787; O'Reilly v. O'Reilly, Mass., 199 N.E. 741. As in equity practice in other courts (G.L.[Ter.Ed.] c. 214, §§ 19, 26), both interlocutory decrees and final decrees are subject to appeal (G.L.[Ter.Ed.] c. 215, §§ 9, 23), and 'Interlocutory decrees not appealed from shall be open to revision upon appeals from final decrees so far only as it appears to the full court that such final decrees are erroneously affected thereby.' G.L.(Ter.Ed.) c. 215, § 14; c. 214, § 27. The petitioners claimed an appeal from an interlocutory decree of the Probate Court sustaining the demurrers of the respondents to a petition in equity. There was no appeal from the consequent final decree dismissing the petition. Failure to appeal from the final decree made futile the appeal from the interlocutory decree, and in effect was a waiver of it. Fusaro v. Murray, Mass., 15 N.E.2d 228.
Book Name | School Committee Winchendon v. Selectmen |
Genre | Law |
Author | Supreme Judicial Court of Massachusetts |
Published | 25 May 1938, Wednesday |
Language | English |
E-Book Size | 67.64 KB |
School Committee Winchendon v. Selectmen (Supreme Judicial Court of Massachusetts) Book Reviews 2024
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Summary of School Committee Winchendon v. Selectmen by Supreme Judicial Court of Massachusetts
The School Committee Winchendon v. Selectmen book written by Supreme Judicial Court of Massachusetts was published on 25 May 1938, Wednesday in the Law category. A total of 122 readers of the book gave the book 0 points out of 5.
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