Legal Opinion

Curry v. Porter

Massachusetts Supreme Judicial Court

Decided July 24, 1878PublishedCited by 22 opinions

Contract upon a check. Trial in the Superior Court, before Aldrich, J., who allowed a bill of exceptions, which, after stating the evidence in the case and setting forth the entire charge to the jury, concluded as follows: “ Plaintiff’s counsel excepted to the charge, and prays that his exceptions may be allowed.”

1Opinion of the CourtMorton, J.

This case presents an important question of practice. The only exception taken at the trial was an exception to the charge of the presiding justice, which is set out in full in the bill of exceptions. The plaintiff made no requests for instructions, and did not allege exceptions to any specified rulings or directions of the court upon matters of law, but, at the close of the trial, simply “ excepted to the charge.”

The statute provides that, in all cases, “ a party aggrieved by an opinion, ruling, direction or judgment of the court in matters of law, may allege exceptions thereto.” Gen. Sts.…

2Cases cited4 opinions

  1. Carver v. JacksonSupreme Court of the United States · 1830
  2. Commonwealth v. CostleyMassachusetts Supreme Judicial Court · 1875
  3. Jackson Ex Dem. Astor v. CraneSupreme Court of the United States · 1831
  4. Burt v. Merchants' InsuranceMassachusetts Supreme Judicial Court · 1874

3Cited by22 opinions

  1. Commonwealth v. SimpsonMassachusetts Supreme Judicial Court · 1938
  2. Shelp v. United StatesCourt of Appeals for the Ninth Circuit · 1897
  3. Chenery v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1893
  4. Jackman v. MillsMassachusetts Supreme Judicial Court · 1884
  5. Brick v. BosworthMassachusetts Supreme Judicial Court · 1894

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