Baron v. Fitzpatrick
Massachusetts Supreme Judicial Court
Tort, against a deputy sheriff, for an alleged trespass upon the plaintiff’s premises. The case was submitted to the Superior Court upon agreed facts, in substance as follows. The case was tried without a jury, before Maynard, J., who, on September 6, 1895, found for the plaintiff; and the defendant alleged exceptions.
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Tort, against a deputy sheriff, for an alleged trespass upon the plaintiff’s premises. The case was submitted to the Superior Court upon agreed facts, in substance as follows. The case was tried without a jury, before Maynard, J., who, on September 6, 1895, found for the plaintiff; and the defendant alleged exceptions. An extension of the time for filing a bill of exceptions was allowed by the judge, until October 1, 1895. On that day the defendant filed a bill of exceptions in the case. No notice of the filing of such bill of exceptions was ever given to the plaintiff or to his attorney. On…
1Opinion of the CourtMorton, J.
Section eight of Pub. Sts. c. 153, contains various provisions relating to exceptions in civil and criminal cases. Amongst other things, it provides to what exceptions may be taken, how they shall be preserved, when and with whom they shall be filed, that notice shall be given to the adverse party, and that they shall be presented to and allowed by the presiding justice. According to this section, exceptions were to be filed, and notice given to the adverse party, before the final adjournment of the court at which they were taken, and “ within three days after the verdict, ... or after the…
2Cases cited3 opinions
- Conway v. CallahanMassachusetts Supreme Judicial Court · 1876
- Foley v. TalbotMassachusetts Supreme Judicial Court · 1894
- Purcell v. Boston, Halifax, & Prince Edward Island Steamship LineMassachusetts Supreme Judicial Court · 1890
3Cited by4 opinions
- Hack v. NasonMassachusetts Supreme Judicial Court · 1906
- Day v. McClellanMassachusetts Supreme Judicial Court · 1920
- De Bang v. ScriptureMassachusetts Supreme Judicial Court · 1897
- Harrington v. TykesonMassachusetts Supreme Judicial Court · 1903