Ellis v. Ginsburg
Massachusetts Supreme Judicial Court
Contract upon two promissory notes, and for money had and received. 'At the trial in the Superior Court, before Blodgett, J., the jury returned a verdict for the plaintiff; and the defendant filed a motion for a new trial, on the ground that the verdict was against the evidence and the weight of the evidence, but failed to deliver a copy thereof to the plaintiff’s attorney, as required by Rule 46 of that court.
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Contract upon two promissory notes, and for money had and received. 'At the trial in the Superior Court, before Blodgett, J., the jury returned a verdict for the plaintiff; and the defendant filed a motion for a new trial, on the ground that the verdict was against the evidence and the weight of the evidence, but failed to deliver a copy thereof to the plaintiff’s attorney, as required by Rule 46 of that court. The defendant subsequently filed another motion to set aside the verdict, and for a new trial, on the ground of newly discovered evidence, and also filed in support of the latter…
1Opinion of the CourtBarker, J.
The record before us shows abundant power in the justice of the Superior Court to set aside the verdict and to order a new trial. Under Pub. Sts. c. 153, § 6, “ The courts may, at any time before judgment in a civil action, set aside the verdict, and order a new trial, for any cause for which a new trial may by law be granted.” This power may be exercised by the court of its own motion; and while in acting upon motions for a new trial made by parties to the cause the court must conform to the rules of the court and to the settled principles of law, the pendency of a motion for a new trial…
2Cases cited1 opinion
- Greene v. FarlowMassachusetts Supreme Judicial Court · 1884
3Cited by29 opinions
- Davis v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1920
- Commonwealth v. GricusMassachusetts Supreme Judicial Court · 1944
- Weil v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Peirson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
- McKinley v. WarrenMassachusetts Supreme Judicial Court · 1914
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