McCarren v. McNulty
Massachusetts Supreme Judicial Court
Action of contract for work done and materials furnished in making a bookcase. At the trial in the court of common pleas, before Mellen, C. J., it appeared that the plaintiff agreed in writing with the defendants, (who were a duly authorized committee of the Young Men’s Society of St. Peter’s Church in Lowell,) for the sum of forty dollars, to build for that society, within a certain time, a bookcase of a kind and dimensions described in the agreement, and to finish it “ in…
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Action of contract for work done and materials furnished in making a bookcase. At the trial in the court of common pleas, before Mellen, C. J., it appeared that the plaintiff agreed in writing with the defendants, (who were a duly authorized committee of the Young Men’s Society of St. Peter’s Church in Lowell,) for the sum of forty dollars, to build for that society, within a certain time, a bookcase of a kind and dimensions described in the agreement, and to finish it “ in a good, strong and workmanlike manner, to the satisfaction of the president of the society.” The plaintiff offered…
1Opinion of the Court
By the Court.
The only case properly before us is that presented by the bill of exceptions certified to us from the court of common pleas. After the case has been entered in this court, the judge of that court has no power to amend the bill of exceptions. But upon a certificate from a justice of the court of common pleas, that there is an error in the bill of exceptions as allowed' by him, this court have the power to, and, in a proper case, will postpone or continue the cause, to allow an alteration or amendment to be made, and a copy thereof certified to this court. This case may be…
2Cases cited1 opinion
- Raymond v. BearnardNew York Supreme Court · 1815
3Cited by3 opinions
- Electric Lighting Co. of Mobile v. Elder Bros.Supreme Court of Alabama · 1896
- Church v. ShanklinCalifornia Supreme Court · 1892
- Casey v. HurleySupreme Court of Connecticut · 1931