Burnham v. Ellsworth

Massachusetts Supreme Judicial Court

Burnham v. Ellsworth

60 N.E.2d 959, 318 Mass. 778, 1945 Mass. LEXIS 527

Massachusetts Supreme Judicial Court·Decided March 8, 1945·Published

Opinion

Order dismissing report affirmed. This action of contract was brought in the Municipal Court of the City of Boston. The defendant was defaulted. Thereafter the defendant filed a motion supported by affidavit to remove the default. After hearing upon the record and the affidavit — no other documents or oral evidence being presented — the motion was denied. There was a report to the Appellate Division which was dismissed, and the defendant appealed to this court. The record discloses no abuse of discretion amounting to error of law in the denial of the motion.

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Order dismissing report affirmed. This action of contract was brought in the Municipal Court of the City of Boston. The defendant was defaulted. Thereafter the defendant filed a motion supported by affidavit to remove the default. After hearing upon the record and the affidavit — no other documents or oral evidence being presented — the motion was denied. There was a report to the Appellate Division which was dismissed, and the defendant appealed to this court. The record discloses no abuse of discretion amounting to error of law in the denial of the motion.

Burnham v. Ellsworth, 60 N.E.2d 959, 318 Mass. 778, 1945 Mass. LEXIS 527 (Mass. 1945).

Pincite

60 N.E.2d 959 (Burnham v. Ellsworth) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.