Boutelle v. Dean
Massachusetts Supreme Judicial Court
Two ACTIONS OF toet for the conversion of certain articles of personal property. The cases were tried together in the Superior Court, before Thompson, J., who, after a verdict in each case for the defendant, made upon a bill of exceptions presented to him by the plaintiffs for allowance the following indorsement: “ If the exceptions alleged in the plaintiffs’ bill were duly saved, then the same are hereby allowed.”
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Two ACTIONS OF toet for the conversion of certain articles of personal property. The cases were tried together in the Superior Court, before Thompson, J., who, after a verdict in each case for the defendant, made upon a bill of exceptions presented to him by the plaintiffs for allowance the following indorsement: “ If the exceptions alleged in the plaintiffs’ bill were duly saved, then the same are hereby allowed.” This bill, after reciting the evidence introduced at the trial, set out numerous requests in writing for instructions to the jury, which the plaintiffs requested the judge to give,…
1Opinion of the CourtMorton, C. J.
No exceptions were properly saved at the trial. The plaintiffs’ counsel, before the closing argument, handed to the court a paper containing many requests for rulings, but the attention of the defendant’s counsel was not called to them either by the court or by the plaintiffs’ counsel. The presiding justice said to the plaintiffs’ counsel, “ I will charge the jury, and if I do not cover your requests, you can call my attention to the rulings to which you wish to except.” The plaintiffs’ counsel assented to this, and after the charge he took no exceptions, and made no suggestion that he was…
2Cases cited4 opinions
- McMahon v. O'ConnorMassachusetts Supreme Judicial Court · 1884
- Ela v. CockshottMassachusetts Supreme Judicial Court · 1876
- Leyland v. PingreeMassachusetts Supreme Judicial Court · 1883
- Bonino v. CaledonioMassachusetts Supreme Judicial Court · 1887
3Cited by6 opinions
- Commonwealth v. CabotMassachusetts Supreme Judicial Court · 1922
- Shumaker v. Lucerne-in-Maine Community Ass'nMassachusetts Supreme Judicial Court · 1931
- New Bedford Cotton Waste Co. v. Eugen C. Andres Co.Massachusetts Supreme Judicial Court · 1926
- Jones v. Newton Street Railway Co.Massachusetts Supreme Judicial Court · 1904
- Wharmby v. RichardsMassachusetts Supreme Judicial Court · 1931
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