Massachusetts General Laws

Mass. Gen. Laws ch. 231, § 124 (2026)

Determination of questions of law by full court on appeal

✓ current as of July 2026

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Section 124. Whenever a question in dispute at the trial of an issue of fact in any civil action depends upon the decision of a question of law, the appeals court or the full bench of the supreme judicial court, upon appeal may, if satisfied that it has before it all the facts necessary for determining the question in dispute, direct that judgment be entered or that such other action be taken as shall accord with the determination of such court; or if either court shall be of the opinion that it has not before it sufficient facts to determine said question, it may direct such issues or questions as it shall think proper to be tried before a jury if the case be a jury case, or otherwise before a judge, and may direct in the alternative the action to be taken upon the verdict or finding. When any such question of law shall arise in a trial, the judge shall, by leaving appropriate questions to the jury, or by his own findings where the trial is without a jury ascertain so far as is practicable all the facts both as to liability and damages necessary on any theory of the law to enable an appellate court to make the proper final disposition of the case, unless in the opinion of the court such a course is inexpedient under the circumstances of the case.

Notes of Decisions

Cited in 50 cases, 1921–1980 · leading case: Brotkin v. Feinberg, 265 Mass. 295 (Mass. 1928).

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Brotkin v. Feinberg, 265 Mass. 295 (Mass. 1928). · cites it 2× “See G. L. c. 231, § 124; see also Beal v. Lynch, 242 Mass.”

O'CONNOR v. City Manager of Medford, 389 N.E.2d 440 (Mass. App. Ct. 1979). “See G. L. c. 231, §§ 124 and 125, as appearing in St.”

Vigeant v. Postal Tel. Cable Co., 53 A.L.R. 867 (Mass. 1927). “G. L. c. 231, § 124. Loanes v. Gast, 216 Mass.”

Barnes v. City of Springfield, 168 N.E. 78 (Mass. 1929). “If both tenants in common had joined, the jury, after estimating the value of the entire tract as though owned by one person, would have been required to award-to each, one half of the sum so assessed.”

Sullivan v. Roche, 153 N.E. 549 (Mass. 1926). “It is manifest that that whole question at issue between the parties may be determined on this record/ G. L. c. 231, § 124. The trial judge found as the result of the hearing on the merits that the plaintiff was told that the rent of the suites in the house was greater than it…”

In re Sleeper, 146 N.E. 269 (Mass. 1925). “The orders that, “No order of disbarment is made on this finding,” and that, “An order is to be entered disbarring the respondent solely on the ground of perjury committed in the trial before me,” are vacated.”

Perkins's Case, 180 N.E. 142 (Mass. 1932). “See G. L. c. 231, § 124. The general principle as to the reformation of written *301 instruments on the ground of mistake is that such relief can be afforded only when the formal contract does not set out the agreement actually made between the parties by reason of some error or…”

Stebbins v. North Adams Trust Co., 136 N.E. 880 (Mass. 1922). “G. L. c. 231, § 124. Morgan v. Murdough, 216 Mass.”

Salter v. Leventhal, 151 N.E.2d 275 (Mass. 1958). “In the circumstances under G. L. c. 231, § 124, it is not necessary for us to order a new trial.”

Fortune v. New York, New Haven & Hartford R.R., 170 N.E. 923 (Mass. 1930). “Under G. L. c. 231, § 124, the order will be Exceptions sustained.”

Hawkins v. Jamrog, 79 A.L.R. 979 (Mass. 1931). “G. L. c. 231, § 124. Walsh v. Cornwell, 272 Mass.”

Adams v. Silverman, 182 N.E. 1 (Mass. 1932). “231, § 124, “if satisfied that it has before it all the facts necessary for determining the question in dispute, direct that such judgment or decree be entered or that such other action be taken as shall accord with the determination of the full court.”

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