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Wachusett Regional School District Committee v. Erickson

Wachusett Regional School District Committee v. Eskel S. Erickson & another

Wachusett Reg'l Sch. Dist. Comm. v. Erickson, 238 N.E.2d 369 (Mass. 1968)
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Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
June 3, 1968
Citations
238 N.E.2d 369354 Mass. 7681968 Mass. LEXIS 959

Opinion of the Court

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

Following the decision in this case in 353 Mass. 77 , the defendants filed a motion for counsel fees which by interlocutory decree was allowed in the amount of $2,000. The plaintiff appealed both from this and from a final decree after rescript. Subsequently, this court decided Chartrand v. Riley, ante, 242, which in effect overruled Stiles v. Municipal Council of Lowell, 233 Mass. 174 , Ashton v. Wolstenholme, 243 Mass. 193 , and Malloy v. Carroll, 287 Mass. 376 . See Klass v. Wirtz, ante, 246. The interlocutory decree was in error in awarding counsel fees, and is reversed. The final decree is modified by striking out the award of counsel fees, and as so modified is affirmed.

So ordered.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

1972: 11973: 11975: 11976: 21985: 21997: 119722026peak 1976 · 2

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 4

DepthCaseCited by
Stiles v. Mun. Council, 233 Mass. 174 (1919) 74
Malloy v. Carroll, 191 N.E. 661 (Mass. 1934) 50
Wachusett Reg'l Sch. Dist. Comm. v. Erickson, 228 N.E.2d 62 (Mass. 1967) 9
Ashton v. Wolstenholme, 137 N.E. 376 (Mass. 1922) 8

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