Massachusetts General Laws

Mass. Gen. Laws ch. 231, § 116 (2026)

Protective orders pending appeal

✓ current as of July 2026

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Section 116. Upon an appeal from a final judgment, the justice of the court by whom it was made may make such orders staying the enforcement of the judgment in an action for an injunction or appointment of a receiver as are needful for the protection of the rights of the parties, until the appeal shall be heard by the appellate court. Such order may be modified or vacated by the order of the appellate court, upon motion, after the appeal is taken.

Notes of Decisions

Cited in 2 cases, 1925–1981 · 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). “62 (a) and G. L. c. 231, § 116. 7. The judgment against the Reeders is reversed, and judgment shall be entered for the defendants.”

Bullock, 254 Mass. 14 (Mass. 1925). · cites it 2× “It is alleged in the petition that, after the exceptions were filed but before they were considered by the presiding judge, the defendants made a motion under G. L. c. 231, § 116, to dismiss the exceptions because they were immaterial, frivolous and intended for delay and…”

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