Massachusetts General Laws

Mass. Gen. Laws ch. 231, § 115 (2026)

Disposition of judgment on appeal; stay of execution

✓ current as of July 2026

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Section 115. Upon an appeal the appeals court or the supreme judicial court shall affirm, reverse, or modify the judgment appealed from. Upon reversal of a final judgment either court may remand a cause to the trial court which entered the judgment appealed from with necessary and proper directions for further proceedings, or may render such judgment as the court below should have rendered.

No execution shall issue during the pendency of an appeal. In the event that execution has issued before the filing of a notice of appeal, upon the filing of such notice the clerk shall notify the officer holding the execution, and all further proceedings thereon shall be stayed. Nothing in this section shall be construed to impair the authority of a justice of either court to order a stay of execution upon such terms as are just.

Notes of Decisions

Cited in 13 cases (3 in the last 5 years), 1922–2025 · leading case: Spence v. Reeder, 416 N.E.2d 914 (Mass. 1981).

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Spence v. Reeder, 416 N.E.2d 914 (Mass. 1981). · cites it 2× “829 (1974); G. L. c. 231, § 115, as appearing in St. 1973, c.”

Fustolo v. 50 Thomas Patton Drive, LLC, 816 F.3d 1 (1st Cir. 2016). “See Mass. Gen. Laws ch. 231, § 115 ; id. ch. 235, § 16; Mass.”

Cahaly v. Benistar Prop. Exch. Trust Co., 864 N.E.2d 548 (Mass. App. Ct. 2007). “See also G. L. c. 231, § 115. Where equitable relief is appropriate, its scope is left to the discretion of the trial judge.”

Commonwealth v. Cabot, 135 N.E. 465 (Mass. 1922). “After the defendants Cabot, Weston and Holmes had been discharged upon the indictment for conspiracy, the defendants Weston and Holmes requested the judge to strike out the evidence which had been admitted on that indictment and which did not bear upon the remaining one.”

Graustein v. H. P. Hood & Sons, Inc., 200 N.E. 14 (Mass. 1936). “The justice to whose opinion, ruling, direction or judgment the exceptions were alleged may grant further time, and no other justice may do so, except in the cases provided for by G. L. c. 231, § 115 or in the absence of such justice from the commonwealth or where any one…”

Commonwealth v. Gedzium, 159 N.E. 51 (Mass. 1927). “G. L. c. 231, § 115, as amended by St. 1923, c.”

Schlager v. Bd. of Appeal of Boston, 399 N.E.2d 30 (Mass. App. Ct. 1980). “” Compare the first sentence of the second paragraph of G. L. c. 231, § 115 (as appearing in St. 1973, c.”

Quinn v. Stand. Oil Co. of New York, 249 Mass. 194 (Mass. 1924). “G. L. c. 231, § 115, provides a means for the allowance of exceptions in case of the disability of the presiding judge and the way therein indicated should be pursued without addition or variation.”

Rush Ins. Agency, Inc. v. Noonan, 54 Mass. App. Dec. 32 (Mass. Dist. Ct., App. Div. 1974). “” (Italics supplied) Although G.L. c. 231, §115 relating to, inter alla, the failure of a justice to act because of *42 retirement does not apply to the District Courts, G.”

Herbert v. G. E. Lothrop Theatres Co., 173 N.E. 539 (Mass. 1930). “There is no statutory or other authority for a different judge to act on these matters except that contained in G. L. c. 231, § 115, as amended by St. 1923, c.”

John a. Dromsky & Another v. John T. Mandeville & Another. (Mass. App. Ct. 2023). “221A, § 5; G. L. c. 231, §§ 115, 125. Otherwise, we affirm.”

Fort Point Investments, LLC v. Kirunge-Smith (Mass. App. Ct. 2024). “16 The judge addressed the argument at a time when he could have granted effective relief; he issued an order rejecting the argument and denying the 15Although not at issue in this case, other statutes also bear on the time for issuing summary process executions relative to the…”

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