(Download) "City Boston v. Santosuosso Et Al." by Supreme Court of Minnesota ~ Book PDF Kindle ePub Free
eBook details
- Title: City Boston v. Santosuosso Et Al.
- Author : Supreme Court of Minnesota
- Release Date : January 28, 1941
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
FIELD, Chief Justice. This is another aspect of the case of Boston v. Santosuosso, 298 Mass. 175, 10 N.E.2d 271; Id., 302 Mass. 169, 18 N.E.2d 1009; Id., 307 Mass. -- , 30 N.E.2d 278; Id., 308 Mass. -- , 31 N.E.2d 564. After entry in the Superior Court of a final decree ordering each of the defendants, Santosuosso and Curley, to pay to the plaintiff a certain sum of money and costs, and providing, in the case of each defendant, that the plaintiff have execution against the defendant for this sum and interest thereon from the date of the decree and for costs, both defendants appealed to this court. This court issued a rescript affirming the decree with costs. A final decree after rescript was entered in the Superior Court on December 4, 1940, in the words of the final decree appealed from, except that the amounts stated therein apparently have been changed to bring up to the date of the decree after rescript the computation of interest and costs. Each defendant made a motion in the Superior Court that issuance of execution on this final decree after rescript be stayed until January 2, 1941, in order that application may be made to the Supreme Judicial Court for leave to file a Bill of Review in the Superior Court. Each motion was supported by an affidavit stating that it was the intention to make such a motion for the purpose of seeking review of the final decree on the ground of newly discovered evidence, stating the general nature of such evidence, and stating that this evidence had not theretofore been available to the defendant in proceedings in the Superior Court or in the Supreme Judicial Court on appeal. These motions bear the indorsement: Dec. 4, 1940, Filed and allowed after hearing, with the name of the Judge in brackets.