Doherty v. Lincoln
Massachusetts Supreme Judicial Court
Motion by the plaintiff to dismiss a bill of exceptions to rulings of Dewey, J., at a trial in the Superior Court at September term, 1873, as not having been seasonably presented.
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Motion by the plaintiff to dismiss a bill of exceptions to rulings of Dewey, J., at a trial in the Superior Court at September term, 1873, as not having been seasonably presented. It appeared by the docket and files of that court that a ¡verdict for the plaintiff was returned and recorded on October 10 ; that on October 17 the term was adjourned without day, and this case continued nisi ; that the bill of exceptions, signed by the defendants’ attorney, and allowed by the presiding judge, and indorsed by the judge thus : “ May be filed and allowed of the last day of September term,” was…
1Opinion of the CourtGray, C. J.
The Gen. Sts. c. 115, § 7, require exceptions allowed to rulings at the trial to be reduced to writing, and filed with the clerk, and notice thereof given to the adverse party, and presented to the court, before the adjournment, without day of the term, and within three days after the verdict in the case and provide that “for good cause shown a further time, net ex*363ceeding five days, unless by consent of the adverse party, may be allowed by the court; ” and that “ in all cases the adverse party shall have an opportunity to be heard concerning the allowance of such exceptions.”
The date of the…
2Cited by11 opinions
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- Jordan v. JordanWest Virginia Supreme Court · 1900
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