Keliher v. Champion

Ernest G. Keliher v. C. Hale Champion

Keliher v. Champion, 358 Mass. 821 (1971)

Court: Massachusetts Supreme Judicial Court · State Highest Courts
Decided: March 1, 1971
Citations: 358 Mass. 821

Cited by 3

Opinion of the Court

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

The defendant’s demurrer to the plaintiff’s declaration was sustained, “with leave to the plaintiff to file a motion ... to amend writ and declaration together with a copy of the proposed amendment.” Such motion was filed with a copy of a proposed amendment of the writ and declaration, and was denied after hearing. The plaintiff’s exception to this denial presents the sole question for decision. The motion was addressed to the discretion of the trial judge, and its denial, in the absence of findings, rulings, or requests for rulings (as was the case here) presents no question of law. Means v. Leveroni, 297 Mass. 61, 64 . Urban v. Central Mass. Elec. Co. 301 Mass. 519, 524 . Peterson v. Cadogan, 313 Mass. 133, 134 . Durante v. Mezzetti, 332 Mass. 758 .

Exceptions overruled.

How later courts describe this case

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

Cited by 3 cases

View all citing references →

State Appellate Courts3

Relies on it most ⓘ

Pombo v. Mark Equipment Corp.296 N.E.2d 509 (Mass. App. Ct. 1973)
Hanlon v. American Employers Insurance301 N.E.2d 690 (Mass. App. Ct. 1973)
Thomson v. Jet Spray Corp.307 N.E.2d 849 (Mass. App. Ct. 1974)

Most recent

Thomson v. Jet Spray Corp.307 N.E.2d 849 (Mass. App. Ct. 1974)
Hanlon v. American Employers Insurance301 N.E.2d 690 (Mass. App. Ct. 1973)
Pombo v. Mark Equipment Corp.296 N.E.2d 509 (Mass. App. Ct. 1973)

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

Depth	Case	Cited by
	Peterson v. Cadogan, 46 N.E.2d 517 (Mass. 1943)	38
	Urban v. Cent. Mass. Elec. Co., 17 N.E.2d 718 (Mass. 1938)	29
	Means v. Leveroni, 7 N.E.2d 418 (Mass. 1937)	12
	Durante v. Mezzetti, 127 N.E.2d 309 (Mass. 1955)	2

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