Cooney v. Burt
Massachusetts Supreme Judicial Court
Motion to dismiss the defendant’s bill of exceptions to rulings of Pitman, J., at a trial in the Superior Court, at March term 1877. The certificate of the judge upon the bill of exceptions was as follows: “ The foregoing bill of exceptions has been examined and found conformable to the truth, and I allow the same, subject to the opinion of the Supreme Judicial Court upon the question of law arising upon these facts: The verdict was rendered April 4, and the time for filing…
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Motion to dismiss the defendant’s bill of exceptions to rulings of Pitman, J., at a trial in the Superior Court, at March term 1877. The certificate of the judge upon the bill of exceptions was as follows: “ The foregoing bill of exceptions has been examined and found conformable to the truth, and I allow the same, subject to the opinion of the Supreme Judicial Court upon the question of law arising upon these facts: The verdict was rendered April 4, and the time for filing and presentment of these exceptions was extended by the court to April 12. Before the said time expired the exceptions…
1Opinion of the CourtGray, C. J.
The question presented does not depend upon the rules which govern the computation of time when the last of a certain number of days allowed by statute or by general rule of court happens to fall on a Sunday or other legal holiday; but upon the construction of the special order made by the judge in this case, which did not define the time by the number of days, but by a particular date, and, as stated in his certificate, was that “ the time for filing and presentment of these exceptions was extended by the court to April 12,” and clearly did not allow them to be presented to him after that…
2Cases cited4 opinions
- Conway v. CallahanMassachusetts Supreme Judicial Court · 1876
- Walker v. MoorsMassachusetts Supreme Judicial Court · 1877
- Commonwealth v. GreenlawMassachusetts Supreme Judicial Court · 1875
- Doherty v. LincolnMassachusetts Supreme Judicial Court · 1874
3Cited by6 opinions
- Doherty v. Phoenix InsuranceMassachusetts Supreme Judicial Court · 1916
- London Clothes, Ltd. v. Maryland Casualty Co.Massachusetts Supreme Judicial Court · 1945
- Riley v. BrusendorffMassachusetts Supreme Judicial Court · 1917
- St. Louis, Iron Mountain & Southern Railway Co. v. RappSupreme Court of Arkansas · 1882
- Nye v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1878
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