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Sawsik v. Ciborowski

Kazimicz Sawsik v. Frank Ciborowski, administrator, & another

Sawsik v. Ciborowski, 152 N.E. 882 (Mass. 1926)
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Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
June 30, 1926
Judges
Carroll
Citations
152 N.E. 882256 Mass. 5831926 Mass. LEXIS 1276

Opinion of the Court — Carroll

Text extracted by OCR from a scanned original; check the original for exact wording.

Carroll, J.,

The record in this case contains a copy of a petition to establish the truth of a draft report, filed November 2, 1925, and denied by the Appellate Division of the Municipal Court of the City of Boston on November 23,1925. *584 The record also contains an “affidavit in support of petition to establish the truth of draft report filed by both defendants,” with a “Copy of draft report,” and the defendants’ claim of appeal.

The truth of the report in proceedings before a judge of the Municipal Court of the City of Boston must be settled by the Appellate Division or by the judge or judges assigned therefor. The truth of the report is to be determined only in this way. The case is governed by Cohen v. Berkowitz, 215 Mass. 68 , where it was said, at page 71, that the truth or falsity of a report can be determined in the Municipal Court only. See G. L. c. 231, § 108. Rule 50 of the Rules of the Municipal Court (1922). There is nothing before us on the defendants’ appeal.

Order denying petition to establish truth of the Draft Report affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1928: 11931: 11935: 11936: 11942: 11943: 11950: 11955: 119282026peak 1928 · 1

Relies on it most ⓘ

  1. Patterson v. Ciborowski179 N.E. 161 (Mass. 1931)
  2. Calcagno v. P. H. Graham & Sons Co.47 N.E.2d 857 (Mass. 1943)
  3. Burick v. Boston Elevated Railway Co.200 N.E. 281 (Mass. 1936)
  4. Squires v. Toye196 N.E. 927 (Mass. 1935)
  5. Wilson v. Checker Taxi Co.161 N.E. 803 (Mass. 1928)
  6. Jencyowski v. Hambro92 N.E.2d 877 (Mass. 1950)

Most recent

  1. Kilroy v. Joyce9 Mass. App. Dec. 160 (1955)
  2. Jencyowski v. Hambro92 N.E.2d 877 (Mass. 1950)
  3. Calcagno v. P. H. Graham & Sons Co.47 N.E.2d 857 (Mass. 1943)
  4. Slade v. Waiters & Cooks MuTual Relief Ass'n43 N.E.2d 3 (Mass. 1942)
  5. Burick v. Boston Elevated Railway Co.200 N.E. 281 (Mass. 1936)
  6. Squires v. Toye196 N.E. 927 (Mass. 1935)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Cohen v. Berkowitz, 102 N.E. 124 (Mass. 1913) 25

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