Hutchinson v. Tucker

Massachusetts Supreme Judicial Court

Hutchinson v. Tucker

121 Mass. 402, 1876 Mass. LEXIS 402

CourtMassachusetts Supreme Judicial Court

DecidedDecember 2, 1876

StatusPublished

Cited by2 cases

This text of 121 Mass. 402 (Hutchinson v. Tucker) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hutchinson v. Tucker, 121 Mass. 402, 1876 Mass. LEXIS 402 (Mass. 1876).

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Opinion

Gray, C. J.

An auditor’s report, not agreed on as a statement of facts, is no part of the record, but is only primd facie evidence for the consideration of the court or jury, and a judgment of the Superior Court thereon is not a subject of appeal to this court. Gen. Sts. c. 114, § 10; c. ■ 121, § 46. Chapman v. Briggs Iron Co. 6 Gray, 330. If the case had been submitted upon an agreed statement of facts, all questions of pleading would have been waived. Kimball v. Preston, 2 Gray, 567.

App. \ #-'smissed.

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Gray, C. J.

An auditor’s report, not agreed on as a statement of facts, is no part of the record, but is only primd facie evidence for the consideration of the court or jury, and a judgment of the Superior Court thereon is not a subject of appeal to this court. Gen. Sts. c. 114, § 10; c. ■ 121, § 46. Chapman v. Briggs Iron Co. 6 Gray, 330. If the case had been submitted upon an agreed statement of facts, all questions of pleading would have been waived. Kimball v. Preston, 2 Gray, 567.

App. \ #-'smissed.

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Bluebook (online)

121 Mass. 402, 1876 Mass. LEXIS 402, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hutchinson-v-tucker-mass-1876.

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