Hicks v. Graves

4 Citing cases

  1. Guerin v. Commonwealth

    337 Mass. 264 (Mass. 1958)   Cited 29 times

    G.L. (Ter. Ed.) c. 278, § 28. Hicks v. Graves, 194 Mass. 589. De Propper, petitioner, 236 Mass. 500, 501. Dolan v. Commonwealth, 304 Mass. 325, 334.

  2. Harrington v. Anderson

    316 Mass. 187 (Mass. 1944)   Cited 51 times

    And matter of law, to be reached by appeal, must be apparent on the "record" without extrinsic aid. The word "record" in § 96 does not mean a stenographic transcript of evidence and proceedings at a trial ( Hicks v. Graves, 194 Mass. 589; De Propper, petitioner, 236 Mass. 500, 501; State v. Howard, 117 Maine, 69, 71), nor the printed papers, often spoken of as the "record," upon which the case may subsequently come to this court, though such papers may sometimes prove to be identical with the "record" mentioned in § 96. G.L. (Ter. Ed.) c. 231, § 135, as amended by St. 1941, c. 187.

  3. In re de Propper

    128 N.E. 785 (Mass. 1920)   Cited 14 times

    There is appended to the record what appears to be a report of the trial in the Superior Court, including the evidence. This is no part of the record and cannot be brought before this court on appeal. Hicks v. Graves, 194 Mass. 589. Moran v. Murphy, 230 Mass. 5. Norton v. Musterole Co. 235 Mass. 587. It may be added, however, that a careful examination has been made of all papers presented. Sedulous care appears to have been exercised throughout that the petitioner have a full and fair hearing.

  4. Bacon v. George

    104 N.E. 282 (Mass. 1914)   Cited 8 times
    In City of Lincoln v. Chicago and Alton R.R. Co., 262 Ill. 98, 104 N.E. 282, the defendant appealing from an assessment for a local improvement was ruled to be precluded from complaining of the trial court's allowance, over its objection, of testimony in regard to benefits that violated the ultimate-issue rule.

    Appeal brings up only errors of law apparent on the record. Hicks v. Graves, 194 Mass. 589. Mower v. Beard, 213 Mass. 198. It is impossible to say that any error has been committed. Lemay v. Springfield Street Railway, 211 Mass. 138.