Mowat v. Deluca, 116 N.E.2d 322 (Mass. 1953). · Go Syfert
Mowat v. Deluca, 116 N.E.2d 322 (Mass. 1953). Cases Citing This Book View Copy Cite
10 citation events (4 in the last 25 years) across 3 distinct courts.
Strongest positive: Mantha v. Riverside Leasing & Sales (massdistctapp, 2001-05-15)
Top citers, strongest first. 7 distinct citers. How cited ↗
cited Cited as authority (rule) Mantha v. Riverside Leasing & Sales
Mass. Dist. Ct., App. Div. · 2001 · confidence medium
“A motion for a continuance rests entirely within the discretion of the judge unless an abuse of discretion is shown.” Mowat v. DeLuca, 330 Mass. 711, 712 (1953).
cited Cited as authority (rule) Kalus v. Thompson Club Unit Owners' Trust
Mass. Dist. Ct., App. Div. · 1993 · confidence medium
Co., 353 Mass. 755 (1967); Mowat v. DeLuca, 330 Mass. 711, 712 (1953); Commonwealth v. Colonial Motor Sales, Inc., 11 Mass. App. Ct. 800, 810 (1981).
cited Cited as authority (rule) Commonwealth v. Colonial Motor Sales, Inc.
Mass. App. Ct. · 1981 · confidence medium
Mowat v. DeLuca, 330 Mass. 711, 712 (1953). 2.
cited Cited "see" In re Brauer
Mass. · 2008 · signal: see · confidence high
See Mowat v. Deluca, 330 Mass. 711, 712 (1953).
cited Cited "see" Care & Protection of Quinn
Mass. App. Ct. · 2002 · signal: see · confidence high
See Mowat v. Deluca, 330 Mass. 711, 712 (1953); Adoption & Visitation of a Minor, 14 Mass. App. Ct. 992, 993 (1982).
cited Cited "see" Gynan v. Jeep Corp.
Mass. App. Ct. · 1982 · signal: see · confidence high
See Mowat v. Deluca, 330 Mass. 711, 712 (1953), and cases collected in Nolan, Civil Practice §§ 521-524 (1975).
cited Cited "see, e.g." Jensen v. Daniels
Mass. App. Ct. · 2003 · signal: see, e.g. · confidence medium
See, e.g., Mowat v. Deluca, 330 Mass. 711, 712 (1953); Homsi v. C.H.
Retrieving the full opinion text from the archive…
Raymond G. Mowat
v.
Salvatore Deluca
Massachusetts Supreme Judicial Court.
Dec 10, 1953.
116 N.E.2d 322
Raphael A. A. Compáreme, (Thomas V. Sullivan with him,) for the contestant., No argument nor brief for the proponent.
Cited by 9 opinions  |  Published

Order denying jury issues affirmed. Order denying continuance affirmed. One of these appeals is from an order of a judge of the Probate Court denying jury issues in connection with the probate of the will of Antonio Deluca. The only issue seriously urged was undue influence on the part of Raymond G. Mowat and his wife, Elsie P. Mowat, who were the only beneficiaries under said will. This issue was submitted to the judge upon oral statements of counsel for the proponent and counsel for the contestant, together with written statements of certain persons reciting evidence which counsel for the contestant expected them to give in the event of a jury trial. All these statements appear in the record. Viewing the whole record and giving the decision of the judge the weight to which it is entitled, we think that the expected evidence did not require the framing of an issue upon undue influence. Fuller v. Sylvia, 240 Mass. 49. Hannon v. Gorman, 296 Mass. 437. See Laws v. Aschenbeck, 326 Mass. 7. The other appeal was from an order of the judge[*712] denying a motion for a continuance of the hearing on the motion to frame jury issues until after a hearing upon a petition for discovery had been had. Little citation of authority is necessary to demonstrate that a motion for a continuance rests entirely within the discretion of the judge unless abuse of discretion is shown. No abuse of discretion is shown here. Noble v. Mead-Morrison Manuf. Co. 237 Mass. 5, 16.

Raphael A. A. Compáreme, (Thomas V. Sullivan with him,) for the contestant. No argument nor brief for the proponent.