Foley v. Talbot
Massachusetts Supreme Judicial Court
Tost, for the conversion of certain personal property. At the trial in the Superior Court, before Bond, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions. At the hearing on the allowance of the exceptions, the plaintiff moved that the same be dismissed on the ground that notice of the filing thereof had not been duly served upon him or his attorney.
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Tost, for the conversion of certain personal property. At the trial in the Superior Court, before Bond, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions. At the hearing on the allowance of the exceptions, the plaintiff moved that the same be dismissed on the ground that notice of the filing thereof had not been duly served upon him or his attorney. The defendant’s attorney testified that the notice was left by him in the office of the plaintiff’s attorney in his absence; but the plaintiff’s attorney deposed that he never received it. The defendant asked…
1Opinion of the CourtAllen, J.
By Rule 49 of the Superior Court, “ All exceptions shall be reduced to writing and filed with the clerk, and notice thereof given to the adverse party,” within a specified time. The statute also is to the same effect. Pub. Sts, c. 153, § 8. By Rule 31, “ All notices required by or given in pursuance of these rules shall be in writing, and may be proved by an affidavit of the party or his attorney to a copy thereof, and setting forth that *463the same was delivered personally to the adverse party or his attorney, or deposited in the post office directed to him, postage prepaid.” Under this rule, a…
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