Nielson
Massachusetts Supreme Judicial Court
Petition, filed in the Supreme Judicial Court on December 30, 1919, for the establishment of exceptions alleged to have been saved by the petitioner at the trial in the Superior Court before Chase, J., of an action of contract brought against her by one George I. Holland, the judge having disallowed the exceptions as not conformable to the truth. A commissioner was appointed. Material facts found by him are described in the opinion.
1Opinion of the CourtPierce, J.
This is a petition to prove a bill of exceptions which was disallowed on December 16, 1919, as not conformable to the truth. The commissioner found that the bill of exceptions was duly filed on December 5, 1919; that a notice in writing thereof was given the plaintiff on the same day that all the requests for rulings were refused; that the petitioner seasonably saved exceptions to the refusal or failure to give the rulings prayed for; that an exception was duly saved to the passage in the charge which reads: “Not only the relation which existed between herself and her husband which of itself…
2Cases cited3 opinions
- Gavin v. Durden Coleman Lumber Co.Massachusetts Supreme Judicial Court · 1918
- Bruce v. MeserveMassachusetts Supreme Judicial Court · 1917
- Bowes v. HenryMassachusetts Supreme Judicial Court · 1917
3Cited by3 opinions
- SmithMassachusetts Supreme Judicial Court · 1927
- Dorgeloh v. MarkSupreme Court of Minnesota · 1931
- Boston Building & Construction Corp. v. MulhernMassachusetts District Court, Appellate Division · 1957