Legal Opinion

Trager v. Webster

Massachusetts Supreme Judicial Court

Decided November 29, 1899PublishedCited by 6 opinions

Contract, upon a judgment obtained in Florida. Trial in the Superior Court, without a jury, before Sheldon, J., who found for the defendant; and the plaintiffs alleged exceptions. The facts appear in the opinion.

1Opinion of the CourtHolmes, C. J.

This is an action upon a judgment rendered in Florida. The case was tried before a judge without a jury, and he found for the defendant on the ground that there was no personal service upon him. The plaintiffs excepted on the ground that the finding was not warranted by the evidence.

The first question raised is, whether the exceptions were filed in time. The finding was announced in the presence of the plaintiffs’ counsel on December 13, 189T, and the exceptions were not filed until December 17. It is argued that St. 1895, c. 153, extending the time for filing to twenty days, applies only to…

2Cases cited4 opinions

  1. Davis v. DresbackIllinois Supreme Court · 1876
  2. Savage v. BlanchardMassachusetts Supreme Judicial Court · 1889
  3. O'Connell v. O'LearyMassachusetts Supreme Judicial Court · 1887
  4. Davant v. CarltonSupreme Court of Georgia · 1874

3Cited by6 opinions

  1. Griffin v. GalbraithSupreme Court of Oklahoma · 1925
  2. Gardner v. Lincoln Bank & Trust Co.Court of Appeals of Kentucky (pre-1976) · 1933
  3. Moore v. WilliamsNebraska Supreme Court · 1923
  4. Newhouse Mill & Lumber Co. v. KellerSupreme Court of Arkansas · 1912
  5. Shapiro v. Roper's Enterprises, Inc.Massachusetts District Court, Appellate Division · 1981

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