B. B. Noyes Co. v. Ballard

The defendant, apparently within the time allowed by an order of extension, filed a bill of exceptions on September 5, 1922. The plaintiff filed a motion to dismiss the exceptions on September 16, 1922. The judge declined to pass upon this motion. It may be assumed that this was equivalent to a denial of the motion. John Hetherington & Sons, Ltd. v. William Firth Co. 210 Mass. 8,18,19. The case comes before us by report, which begins with these prefatory words, “justice requires that this case be reported and considering the engagements and health of the court it has been reported within a…