Todd v. Barton
Massachusetts Supreme Judicial Court
Writ oe review to reverse a judgment recovered by the defendants in review against the present plaintiffs on a promissory note signed by them.
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Writ oe review to reverse a judgment recovered by the defendants in review against the present plaintiffs on a promissory note signed by them. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions in substance as follows : The original action was commenced by an actual attachment of the defendants’ property, on December 18, 1871, on a writ returnable to the Superior Court for the county of Suffolk, at January term 1872. They gave a bond to dissolve the attachment, and the writ was returned and entered. After an answer to said action was filed, they filed their…
1Opinion of the CourtGray, C. J.
The objection that the writ of review was improperly granted is not open. It was within the discretion of the Superior Court, if satisfied that the refusal of a continuance had worked injustice to the petitioner, to grant him a review; and the exercise of its discretion was not subject to exceptions. Reynard v. Brecknell, 4 Pick. 302, 304. Boston v. Robbins, 116 *293Mass. 313. A fortiori, no exception having been taken, at the hearing upon the petition, to the order granting a writ of review, the objection to that order could not be first taken at the hearing upon the writ.
It is further contended…
2Cases cited3 opinions
- Cutter v. EvansMassachusetts Supreme Judicial Court · 1874
- City of Boston v. RobbinsMassachusetts Supreme Judicial Court · 1874
- Hart v. JohnsonMassachusetts Supreme Judicial Court · 1811
3Cited by6 opinions
- McKay v. KeanMassachusetts Supreme Judicial Court · 1897
- Tuttle v. ScottCalifornia Supreme Court · 1898
- Golden v. BlaskopfMassachusetts Supreme Judicial Court · 1879
- Hendrick v. West Roxbury Co-operative BankMassachusetts Supreme Judicial Court · 1950
- McDonough v. BlossomSupreme Judicial Court of Maine · 1912
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