(Download) "Morin v. Stromberg (Two Cases). L'Italien" by Supreme Judicial Court of Massachusetts # eBook PDF Kindle ePub Free
eBook details
- Title: Morin v. Stromberg (Two Cases). L'Italien
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 27, 1941
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
QUA, Justice. The record in these cases is greatly confused -- so much so that it is even difficult to determine which cases out of a number of cases are properly before us. This obscurity is due in large part to the omission of the captions from the various documents printed without inserting necessary references, so that an inspection of each document fails to disclose in what case or cases it was filed or to what case or cases it relates. See now G.L.(Ter.Ed.) c. 231, § 135, as amended by St.1941, c. 187, § 1. Possibly the form of the record results from a misapprehension of the effect of an order consolidating the cases 'for the purpose of report to the Appellate Division.' Such an order in reference to separate actions by individual plaintiffs brings the cases together into one report for convenience in carrying questions of law to the higher tribunal, but it does not destroy the identity of the several actions or merge them into a single action ending in a joint judgment. Lumiansky v. Tessier, 213 Mass. 182, 188, 99 N.E. 1051, Ann.Cas.1913E, 1049; Barrell v. Globe Newspaper Co., 268 Mass. 99, 167 N.E. 910; Jordan Marsh Co. v. Barry, 295 Mass. 210, 213, 3 N.E.2d 792; O'Toole v. Magoon, 295 Mass. 527, 528, 4 N.E.2d 357. The record should be so prepared as to indicate in some manner in which action the pleadings and other documents were filed, so that the appellate court can trace each action through to its appropriate Conclusion. However, notwithstanding the evident deficiencies in the present record, we have come to the Conclusion that with the aid of the writs and docket entries transmitted to us with the record (see G.L.(Ter.Ed.) c. 231, § 135), it is possible to construe the whole record so as to ascertain the cases, the parties and the issues with sufficient certainty to enable us to deal with them.