Martin v. Tapley
Massachusetts Supreme Judicial Court
Petition'to establish the truth of exceptions. The material facts, appearing by the records referred to in the petition were as follows: An action of contract, brought by Amos P. Tapley against Lucretia W. Martin, was tried at November term 1870 of this court in Ef&ex, and a verdict returned for the plaintiff, and exceptions taken by the defendant at the trial were allowed by the presiding judge, and entered upon the law docket in that county at November term 1871. On…
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Petition'to establish the truth of exceptions. The material facts, appearing by the records referred to in the petition were as follows: An action of contract, brought by Amos P. Tapley against Lucretia W. Martin, was tried at November term 1870 of this court in Ef&ex, and a verdict returned for the plaintiff, and exceptions taken by the defendant at the trial were allowed by the presiding judge, and entered upon the law docket in that county at November term 1871. On February 26,1872, the defendant pleaded a certificate of discharge in bankruptcy, obtained January 20, 1872, in the District…
1Opinion of the CourtGray, C. J.
The authorities cited for the petitioners show that the counsel for a deceased party might be heard as amicus eurice before the full court, if the exceptions sought to be estab*120lished had been allowed and entered in his client’s lifetime; be- • cause the delay in disposing of them would be deemed the act of the court; Tapley v. Martin, 116 Mass. 275; Bridges v. Smyth, 8 Bing. 29; S. C. 1 Mo. & Sc. 93; Miles v. Williams, 9 Q. B. 47; or if the exceptions had been taken by the party in his lifetime, though not allowed or entered until after his death ; because they would be his own exceptions,…
2Cases cited3 opinions
- Kelley v. RileyMassachusetts Supreme Judicial Court · 1871
- Tapley v. MartinMassachusetts Supreme Judicial Court · 1874
- Knight v. LowIndiana Supreme Court · 1860
3Cited by15 opinions
- Eustace v. DickeyMassachusetts Supreme Judicial Court · 1921
- Perkins v. PerkinsMassachusetts Supreme Judicial Court · 1917
- New England Patriots Football Club, Inc. v. University of ColoradoCourt of Appeals for the First Circuit · 1979
- Inhabitants of Agawam v. County of HampdenMassachusetts Supreme Judicial Court · 1881
- McClellan v. StateSouth Dakota Supreme Court · 1911
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