Keliher v. Champion

Massachusetts Supreme Judicial Court
Keliher v. Champion, 358 Mass. 821 (Mass. 1971)

Keliher v. Champion

Opinion of the Court

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.

Reference

Full Case Name
Ernest G. Keliher v. C. Hale Champion
Cited By
3 cases
Status
Published