Sawyer v. Yale Iron Works
Massachusetts Supreme Judicial Court
Petition to establish the truth of exceptions alleged by Amos Sawyer and Theodore Clapp in an action brought against them by the Yale Iron Works, and disallowed by Wilkinson, J., who presided at the trial in the Superior Court. The petition was referred by this court to a commissioner, to hear the parties and report his findings.
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Petition to establish the truth of exceptions alleged by Amos Sawyer and Theodore Clapp in an action brought against them by the Yale Iron Works, and disallowed by Wilkinson, J., who presided at the trial in the Superior Court. The petition was referred by this court to a commissioner, to hear the parties and report his findings. The bill of exceptions, as tendered by the petitioners, was as follows; the words printed in italics and not in brackets being those which the commissioner reported should be stricken out; the words printed in brackets being those which the commissioner reported…
1Opinion of the CourtGray, C. J.
The right to establish the truth of exceptions disallowed by the judge presiding at the trial is given and limited by the statute, which provides that “ the truth of the exceptions presented may be established before the Supreme Judicial Court upon petition setting forth the grievance, and thereupon, the truth thereof being established, the exceptions shall be heard, and the same proceedings had as if they had been duly signed and brought up to said court with the petition.” Gen. Sts. c. 115, §11.
The certificate of disallowance, which the presiding judge is required by the Gen. Sts. c. 115, §…
2Cases cited2 opinions
- Bottum v. FogleMassachusetts Supreme Judicial Court · 1870
- Way v. SperryMassachusetts Supreme Judicial Court · 1850
3Cited by18 opinions
- Morse v. WoodworthMassachusetts Supreme Judicial Court · 1892
- Commonwealth v. CodyMassachusetts Supreme Judicial Court · 1896
- Cowley v. O'ConnellMassachusetts Supreme Judicial Court · 1899
- Moneyweight Scale Co.Massachusetts Supreme Judicial Court · 1917
- Sogomonian v. C. F. Hovey Co.Massachusetts Supreme Judicial Court · 1926
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