Behan v. Williams
Massachusetts Supreme Judicial Court
Motion by the defendant to the Superior Court to set aside a verdict for the plaintiff, on the ground of newly discovered evidence. Hearing before Allen, J., who allowed a bill of exceptions in substance as follows: The original action was in contract to recover a balance of $2756.54, for brick and stone work in the erection of a church in Amesbury.
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Motion by the defendant to the Superior Court to set aside a verdict for the plaintiff, on the ground of newly discovered evidence. Hearing before Allen, J., who allowed a bill of exceptions in substance as follows: The original action was in contract to recover a balance of $2756.54, for brick and stone work in the erection of a church in Amesbury. The contract price for the brick work was $20 a thousand, and, the contract provided that the bricks should be measured in the walls when the work was finished, and that twenty-five bricks should be allowed for each cubic foot. The only issue…
1Opinion of the Court
By the Court.
The bill of exceptions does not show that the presiding judge excluded from his consideration any evidence offered by the defendant, or ruled on any question of law; but only that, assuming the truth of the facts offered to be proved, the judge, in the exercise of his discretion, refused to grant a new trial. Such refusal is clearly not a matter of ex oeption. Fxcej-tions overruled, with double costs.
2Cited by12 opinions
- Commonwealth v. MorrisonMassachusetts Supreme Judicial Court · 1883
- Powers v. BergmanMassachusetts Supreme Judicial Court · 1911
- Troeder v. HyamsMassachusetts Supreme Judicial Court · 1891
- Groustra v. BourgesMassachusetts Supreme Judicial Court · 1886
- Manning v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
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