Harrington v. Tykeson
Massachusetts Supreme Judicial Court
Contract against a surety on a bond to dissolve an attachment. Writ dated December 31, 1900. At the trial in the Superior Court before Hopkins, J., the jury returned a verdict for the plaintiffs on December 5,1901. The defendant saved exceptions to rulings and refusals to rule by the judge.
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Contract against a surety on a bond to dissolve an attachment. Writ dated December 31, 1900. At the trial in the Superior Court before Hopkins, J., the jury returned a verdict for the plaintiffs on December 5,1901. The defendant saved exceptions to rulings and refusals to rule by the judge. On Saturday, December 21, the defendant’s counsel examined the files in the clerk’s office to get the requests for rulings and instructions to the jury which bad been filed, but failed to find them, and on Monday, December 23, another search was made, and the defendant’s counsel was informed by the clerk…
1Opinion of the CourtHammond, J.
The judge to whom the original bill of exceptions was presented disallowed the same upon the ground that no notice of the filing of the same was given to the plaintiffs within twenty days after the verdict, and that the plaintiffs had not waived due notice. We are of opinion that the evidence before him, as reported in the record before us, justified the finding, and that the exceptions were for that reason properly disallowed. Pub. Sts. c. 153, § 8. St. 1895, c. 153, § 1. Baron v. Fitzpatrick, 167 Mass. 417. De Bang v. Scripture, 168 Mass. 91.
Exceptions overruled.
2Cases cited2 opinions
- De Bang v. ScriptureMassachusetts Supreme Judicial Court · 1897
- Baron v. FitzpatrickMassachusetts Supreme Judicial Court · 1897
3Cited by2 opinions
- Hack v. NasonMassachusetts Supreme Judicial Court · 1906
- Day v. McClellanMassachusetts Supreme Judicial Court · 1920