Fuller
Massachusetts Supreme Judicial Court
Petition, filed in this court on November 9, 1914, under R. L. c. 173, § 110, by the defendant in the case of James C. McLellan v. Samuel A. Fuller, which was tried in the Superior Court before McLaughlin, J., to establish the truth of certain exceptions alleged by such defendant.
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Petition, filed in this court on November 9, 1914, under R. L. c. 173, § 110, by the defendant in the case of James C. McLellan v. Samuel A. Fuller, which was tried in the Superior Court before McLaughlin, J., to establish the truth of certain exceptions alleged by such defendant. On November 12, 1914, the respondent, who was the plaintiff in the case named above, filed in this court a motion that the petition be dismissed for failure to comply with the requirements of Rule 6 of this court. That rule is as follows: “Whenever a party seeks to establish before this court the truth of any…
1Opinion of the CourtRugg, C. J.
This is a petition to establish the truth of exceptions disallowed by the presiding judge. These facts are admitted: The petitioner prepared his petition in accordance with the statute and verified it by affidavit. Thereafter he added to it an averment as to the date on which notice of the disallowance of his exceptions was received by him, and an averment that within twenty days thereafter he filed the present petition after giving notice of the filing to counsel for the other party. After doing this, he made no supplemental or new affidavit. It is not necessary to determine whether these…
2Cases cited3 opinions
- BishopMassachusetts Supreme Judicial Court · 1911
- Hadley v. WatsonMassachusetts Supreme Judicial Court · 1886
- Tufts v. NewtonMassachusetts Supreme Judicial Court · 1875
3Cited by8 opinions
- Lincoln National Bank v. MundingerIndiana Court of Appeals · 1988
- ThorndikeMassachusetts Supreme Judicial Court · 1923
- John Henry Co.Massachusetts Supreme Judicial Court · 1915
- CoreyMassachusetts Supreme Judicial Court · 1925
- Weinberg v. Leyton School of Dental Laboratory Technology, Inc.Massachusetts District Court, Appellate Division · 1953
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