Tufts v. Newton
Massachusetts Supreme Judicial Court
Petition to establish the truth of exceptions disallowed by the judge who presided at the trial in the Superior Court. The affidavit annexed to the petition was merely an affidavit of the attorney that “ the foregoing exceptions by him subscribed are true.”
1Opinion of the CourtGray, C. J.
A party petitioning to establish the truth of exceptions disallowed by the presiding judge must strictly comply with the rule of court. This was determined in the earliest case upon the subject; Phillips v. Hoyle, 4 Gray, 568 ; and has ever since been considered well settled. Priest v. Groton, 103 Mass. 530, 536. The 28th Rule of this court requires the petition to be verified by affidavit, and to be filed within twenty days after notice of the disallowance of the exceptions. 104 Mass. 564. In the present case, the affidavit is merely to the truth of the exceptions, and there is none to the…
2Cases cited1 opinion
- Priest v. Inhabitants of GrotonMassachusetts Supreme Judicial Court · 1870
3Cited by6 opinions
- BishopMassachusetts Supreme Judicial Court · 1911
- Hadley v. WatsonMassachusetts Supreme Judicial Court · 1886
- ThorndikeMassachusetts Supreme Judicial Court · 1923
- FullerMassachusetts Supreme Judicial Court · 1914
- AndersenMassachusetts Supreme Judicial Court · 1938
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