Garrity v. Higgins
Massachusetts Supreme Judicial Court
Contract, for money had and received, with a count in tort for a conversion. Writ dated September 11, 1899. The trial in the Superior Court, before Richardson, J., occupied about two days. The defendant was put on the witness stand by the plaintiff. Full instructions were given by the judge, and no exceptions were taken before the jury retired. After the jury had retired, the defendant orally requested the judge to give a certain instruction to the jury.
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Contract, for money had and received, with a count in tort for a conversion. Writ dated September 11, 1899. The trial in the Superior Court, before Richardson, J., occupied about two days. The defendant was put on the witness stand by the plaintiff. Full instructions were given by the judge, and no exceptions were taken before the jury retired. After the jury had retired, the defendant orally requested the judge to give a certain instruction to the jury. This the judge refused to do, calling the attention of the defendant’s counsel to the fact that the request was not made before the…
1Opinion of the CourtLathrop, J.
It appears by the bill of exceptions that full instructions were given to the jury, and that no exceptions were taken except as is hereinafter stated ; and that at the close of the charge and after the jury had retired, the defendant’s counsel asked for a certain ruling, which the court refused to give, calling the attention of the counsel to the fact that the request was not made before the arguments, and before the jury had retired. It is plain that the defendant has no ground of exception to the refusal to give the ruling requested. Mooar v. Harvey, 125 Mass. 574, per Gray, C. J.…
2Cases cited9 opinions
- Whittaker v. Inhabitants of West BoylstonMassachusetts Supreme Judicial Court · 1867
- Jackson v. KnowltonMassachusetts Supreme Judicial Court · 1899
- Commonwealth v. MorrisonMassachusetts Supreme Judicial Court · 1883
- Fox v. City of ChelseaMassachusetts Supreme Judicial Court · 1898
- Holdsworth v. TuckerMassachusetts Supreme Judicial Court · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Peterson v. HopsonMassachusetts Supreme Judicial Court · 1940
- Loveland v. RandMassachusetts Supreme Judicial Court · 1908
- Lopes v. ConnollyMassachusetts Supreme Judicial Court · 1912
- Vengrow v. GrimesMassachusetts Supreme Judicial Court · 1931
- Commonwealth v. TeregnoMassachusetts Supreme Judicial Court · 1919
2 more not listed; retrieve them via the Exa API.