Bottum v. Fogle
Massachusetts Supreme Judicial Court
Contract. Trial, and verdict for the plaintiff, in the superior court, before Scudder, J., at October term 1869, when the defendant alleged exceptions which the judge disallowed. In this court, at the present term, the defendant filed a petition for leave to establish the truth of exceptions, and the plaintiff filed an answer to the petition; the substance of all of which is stated in the opinion.
1Opinion of the CourtChapman, C. J.
The right to prove exceptions is given by the Gen. Sts. c. 115, §11. It is carefully guarded, because it is to be presumed that the judge who presides at the trial not only understands his rulings and the exceptions that are made to them, but will impartially state them. But since there is danger of error, the right of the excepting party to prove his exceptions is reserved and provided for. In order to avail himself of it, he must comply with the provisions of the statute, as a condition precedent to the right to make the proof. This is the more important, as the judge whose statements are…
2Cited by9 opinions
- Patterson v. CiborowskiMassachusetts Supreme Judicial Court · 1931
- Cullen v. SearsMassachusetts Supreme Judicial Court · 1873
- Moneyweight Scale Co.Massachusetts Supreme Judicial Court · 1917
- Sogomonian v. C. F. Hovey Co.Massachusetts Supreme Judicial Court · 1926
- Sawyer v. Yale Iron WorksMassachusetts Supreme Judicial Court · 1875
4 more not listed; retrieve them via the Exa API.