Dutton v. Bennett

The only question presented by the plaintiff’s exceptions is, whether the court erred in denying his motion to dismiss the defendant’s exceptions “for the reason that the written notice given to counsel for the plaintiff on the day of the fifing of the bill of exceptions in the Superior Court was accompanied only with an unsigned copy of the bill of exceptions and not with a signed copy.” G. L. c. 231, § 113, provides that notice of the fifing of exceptions must be given to the adverse party. A similar provision is found in Common Law Rule 51 of the Superior Court (1923). The notice so…