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Stanwood v. Adams Garage Inc.

Edward Stanwood & another v. Adams Garage Inc. & others

Stanwood v. Adams Garage Inc., 183 N.E. 846 (Mass. 1933)
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Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
January 5, 1933
Judges
Rugg
Citations
183 N.E. 846281 Mass. 4521933 Mass. LEXIS 825

Opinion of the Court — Rugg

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Rugg, C.J.

This suit in equity was brought for the purpose of having declared null and void a promissory note or agreement and other instruments and of securing return to the plaintiffs of certain shares of stock. Final decree establishing the binding effect of the note and declaring the amount due thereon, and dismissing the bill, was entered on April 11, 1932. On April 20, 1932, the plaintiffs appealed from the final decree and gave order for preparation of papers for transmission to this court. On April 22, 1932, notice in writing of the estimated cost of the prepa *453 ration of such papers was sent by the clerk of courts. No payment of this estimated cost was made within twenty days thereafter. On May 27, 1932, motion was filed on behalf of the plaintiffs praying that the court grant an extension of time for making such payment. On June 6, 1932, order was entered by the trial judge extending the time for making such payment to and including June 7, • 1932. Such payment was made accordingly. The defendants appealed from this order.

The requirements of G. L. (Ter. Ed.) c. 231, § 135, to the effect that payment of the estimated cost be made "within twenty days after the date of such notice from the clerk” is peremptory. It was held in Buchannan v. Meisner, 279 Mass. 457 (decided after the entry of the order in the case at bar), that by the true interpretation of the statute such an order must be entered within the period of twenty days and cannot be entered effectively after that period has expired. On the authority of that case, it follows that the order in the present case must be reversed.

Even if the case be considered on the footing of a motion by the plaintiffs to enter their appeal late, Dondis v. Lash, 277 Mass. 477, 482 , or on its merits, no reversible error is shown. The case was heard by a master and there is no transcript of the evidence. In such case the findings of the master must be accepted as true, since they are not repugnant one to another. Nelson v. Belmont, 274 Mass. 35, 39 . Those findings are decisive against the plaintiffs.

Order extending time for payment of estimated cost reversed.

Plaintiffs’ appeal dismissed.

How later courts describe this case

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

Cited by 11 cases

View all citing references →
1934: 11935: 11937: 11938: 11939: 11940: 11949: 11950: 11956: 11958: 11975: 119342026peak 1934 · 1

Relies on it most ⓘ

  1. Hubbard v. Southbridge National Bank8 N.E.2d 351 (Mass. 1937)
  2. Joseph Giacobbe v. First Coolidge Corp.325 N.E.2d 922 (Mass. 1975)
  3. Commonwealth v. McKnight289 Mass. 530 (1935)
  4. Royal Tool & Gauge Corp. v. Clerk of the Courts326 Mass. 390 (1950)
  5. State Realty Co. of Boston, Inc. v. MacNeil Bros. Co.135 N.E.2d 291 (Mass. 1956)
  6. City of Boston v. Santosuosso18 N.E.2d 1009 (Mass. 1939)

Most recent

  1. Joseph Giacobbe v. First Coolidge Corp.325 N.E.2d 922 (Mass. 1975)
  2. Kilroy v. Joyce16 Mass. App. Dec. 41 (1958)
  3. State Realty Co. of Boston, Inc. v. MacNeil Bros. Co.135 N.E.2d 291 (Mass. 1956)
  4. Royal Tool & Gauge Corp. v. Clerk of the Courts326 Mass. 390 (1950)
  5. C. Reppucci & Sons, Inc. v. W. J. Dunn & Co.14 Mass. App. Div. 215 (1949)
  6. Spaulding v. McConnell29 N.E.2d 713 (Mass. 1940)

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 3

DepthCaseCited by
Dondis v. Lash, 178 N.E. 624 (Mass. 1931) 36
Buchannan v. Meisner, 181 N.E. 742 (Mass. 1932) 28
Nelson v. Town of Belmont, 174 N.E. 320 (Mass. 1931) 22

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