Browne v. Hale
Massachusetts Supreme Judicial Court
Contract on a recognizance entered into under the Gen. Sts. c. 124, § 10, by the defendant Hale as principal, and the other defendant as surety, and containing the usual conditions.
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Contract on a recognizance entered into under the Gen. Sts. c. 124, § 10, by the defendant Hale as principal, and the other defendant as surety, and containing the usual conditions. At the trial in the Superior Court, before Pitman, J., it appeared that, on November 28, 1876, the principal defendant was duly arrested on an execution issuing from the Superior Court in the county of Norfolk, in favor of the plaintiff, who was described as of Stoughton, in that county; that the writ was issued and indorsed, “ from the office of J. M. Browne, Stoughton; ” that the plaintiff appeared, pro se, in…
1Opinion of the CourtGray, C. J.
The motion and petition of the defendants are founded on a misunderstanding of the scope and effect of the statutes regulating the allowance and proof of exceptions.
It is the duty of the excepting party to file his exceptions with the clerk, to give notice thereof to the adverse party, and to present them to the judge, at the same term and within three days after verdict, unless the time is extended by the judge; and it is the right of the adverse party to have an opportunity to be heard concerning the allowance of the exceptions so presented. Gen. Sts. o. 115, § 7. The time of filing the…
2Cases cited7 opinions
- Borrowscale v. BosworthMassachusetts Supreme Judicial Court · 1867
- Priest v. Inhabitants of GrotonMassachusetts Supreme Judicial Court · 1870
- Conway v. CallahanMassachusetts Supreme Judicial Court · 1876
- Doherty v. LincolnMassachusetts Supreme Judicial Court · 1874
- Hale v. RiceMassachusetts Supreme Judicial Court · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Moneyweight Scale Co.Massachusetts Supreme Judicial Court · 1917
- Sogomonian v. C. F. Hovey Co.Massachusetts Supreme Judicial Court · 1926
- Doherty v. Phoenix InsuranceMassachusetts Supreme Judicial Court · 1916
- Goff v. BrittonMassachusetts Supreme Judicial Court · 1902
- Barrell v. Globe Newspaper Co.Massachusetts Supreme Judicial Court · 1929
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