Cram v. Moore
Massachusetts Supreme Judicial Court
Motion for a new trial of an action in the Superior Court, in which a verdict was returned for the plaintiff. The defendant, on the day after the verdict was returned, filed the motion in the office of the clerk of that court, on the ground that the verdict was against the evidence and against the weight of evidence, and on the same day notified the plaintiff’s counsel, in writing, that such motion had been 'filed, but furnished him with no copy of the motion as required by…
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Motion for a new trial of an action in the Superior Court, in which a verdict was returned for the plaintiff. The defendant, on the day after the verdict was returned, filed the motion in the office of the clerk of that court, on the ground that the verdict was against the evidence and against the weight of evidence, and on the same day notified the plaintiff’s counsel, in writing, that such motion had been 'filed, but furnished him with no copy of the motion as required by Rule XLVI. of that court.* The plaintiff’s counsel made no demand or request for a copy of the motion, and the…
1Opinion of the CourtBarker, J.
The presiding justice was right in overruling the motion for a new trial, because no copy of the motion had been delivered to the adverse counsel, as required by Rule XLVI. of the common law rules of the Superior Court. A general rule of court duly authorized and made has the force of law, and is binding upon the court and parties, and until repealed must be applied to all cases which come within it. Thompson v. Hatch, 3 Pick. 512. Tripp v. Brownell, 2 Gray, 402. Webber v. Davis, 5 Allen, 393, 394. Baker v. Blood, 128 Mass. 543, 545. The decision in Dana v. Underwood, 19 Pick. 99, when…
2Cases cited1 opinion
- Baker v. BloodMassachusetts Supreme Judicial Court · 1880
3Cited by4 opinions
- Farnham v. Lenox Motor Car Co.Massachusetts Supreme Judicial Court · 1918
- FlynnMassachusetts Supreme Judicial Court · 1928
- C. Reppucci & Sons, Inc. v. W. J. Dunn & Co.Boston Municipal Court · 1949
- Szymchuck v. TigarMassachusetts District Court, Appellate Division · 1936