Borrowscale v. Bosworth
Massachusetts Supreme Judicial Court
Contract for the price of a cargo of coal. In the superior court, Ames, C. J., allowed a bill of exceptions substantially as follows: “ At the trial before Allen, C. J., at October term 1865, a verdict was rendered for the plaintiffs on October 27 ; and a bill of exceptions was duly filed and tendered the next day to the presiding judge for allowance.
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Contract for the price of a cargo of coal. In the superior court, Ames, C. J., allowed a bill of exceptions substantially as follows: “ At the trial before Allen, C. J., at October term 1865, a verdict was rendered for the plaintiffs on October 27 ; and a bill of exceptions was duly filed and tendered the next day to the presiding judge for allowance. In the course of the term, the counsel of the respective parties appeared before the judge to be heard on the subject of the exceptions; and, there being no material disagreement between the counsel, the result was that the judge took the bill…
1Opinion of the CourtHoar, J.
It is very questionable, as a matter of practice, whether these exceptions have any place in this court. The superior court has ordered a new trial in the case, which is still pending m that court. It does not therefore appear that any *36such disposition of the case has yet been made, or ever will be made, as to render the exceptions material. The statute provides that “ the trial of questions of fact shall not be prevented or delayed by the filing or allowance of exceptions, but the court shall proceed to the determination of such questions as if exceptions had not been taken.” Gen. Sts. c.…
2Cited by28 opinions
- Hume v. BowieSupreme Court of the United States · 1893
- Malony v. AdsitSupreme Court of the United States · 1899
- City of Manning v. German Ins.Court of Appeals for the Eighth Circuit · 1901
- Richardson v. StateWyoming Supreme Court · 1907
- Bailey v. United StatesCourt of Criminal Appeals of Oklahoma · 1909
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