Tufts v. Newton
Massachusetts Supreme Judicial Court
Writ of error to reverse a judgment of the Superior Court in an action of contract brought by Newton against Tufts. The error assigned was that exceptions taken by Tufts at the trial of that action before the jury were disallowed by the presiding judge, because not presented to him within the time required by law, whereas the record showed that they were presented within the time required by law.
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Writ of error to reverse a judgment of the Superior Court in an action of contract brought by Newton against Tufts. The error assigned was that exceptions taken by Tufts at the trial of that action before the jury were disallowed by the presiding judge, because not presented to him within the time required by law, whereas the record showed that they were presented within the time required by law. The docket and files of that action (no extended record being produced) showed that the verdict was returned in favor of Newton October 15, 1874; that Tufts filed his bill of exceptions with the…
1Opinion of the CourtGray, C. J.
The time for pleading to a writ of error is not fixed by statute, but depends upon the rule of court, which expressly reserves the power to restrict or enlarge the time. Gen. Sts. c. 146, §§ 1-10. Rule 29, 104 Mass. 564. The plea was therefore duly filed.
The statute which r.egulates bills of exceptions clearly requires them, not only to be filed with the clerk, and notified to the other party, but to be presented, within the time specified, to the judge who made the ruling excepted to, and who is to examine the bill and sign with his own hand a certificate allowing or disallowing it. The…
2Cases cited2 opinions
- Sawyer v. Yale Iron WorksMassachusetts Supreme Judicial Court · 1875
- Brown v. BullMassachusetts Supreme Judicial Court · 1807
3Cited by8 opinions
- Patterson v. CiborowskiMassachusetts Supreme Judicial Court · 1931
- Perkins v. BangsMassachusetts Supreme Judicial Court · 1910
- Goff v. BrittonMassachusetts Supreme Judicial Court · 1902
- Conway v. CallahanMassachusetts Supreme Judicial Court · 1876
- Massachusetts National Bank v. BullockMassachusetts Supreme Judicial Court · 1876
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