Shawmut Commercial Paper Co. v. Brigham

This is an action to recover upon a promissory note. The plaintiff had a verdict and the defendant alleged exceptions. The time for filing the exceptions was extended and on the last day a bill of exceptions was duly filed. Two days after the plaintiff moved to dismiss them on the ground that the defendants had given it no sufficient notice of the filing of the exceptions. The judge* ruled as matter of law that the motion should be allowed and dismissed the exceptions. The defendants excepted, and the question is whether as matter of law the motion was rightly allowed.

Rule 44 of the Superior…