Bentley v. Ward
Massachusetts Supreme Judicial Court
Contract. At the trial at April term 1874 of the Superior Court, before Baaon, J., the plaintiff obtained a verdict, and exceptions were alleged by the defendant and allowed by the presiding judge on May 4, 1874, but were not entered in this court until November 11, being the second day of the usual fall session for the argument of questions of law arising in this county.
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Contract. At the trial at April term 1874 of the Superior Court, before Baaon, J., the plaintiff obtained a verdict, and exceptions were alleged by the defendant and allowed by the presiding judge on May 4, 1874, but were not entered in this court until November 11, being the second day of the usual fall session for the argument of questions of law arising in this county. On that day the defendant undertook to enter the exceptions and papers in this court; and the plaintiff filed a petition alleging that the exceptions had not been prosecuted nor the papers transmitted to this court “ nor…
1Opinion of the CourtGray, C. J.
By the General Statutes, exceptions were required to be entered in the Supreme Judicial Court for the Commonwealth within twenty days from the final adjournment of the term at which they were taken. Gen. Sts. c. 115, § 12. If the excepting party neglected to enter them in this court, the adverse "party might enter a complaint and have the judgment below affirmed, c. 112, § 16. If, by mistake or accident, the exceptions were not duly entered, or a complaint founded on the omission to enter them had not been made by the adverse party this *334court, upon petition filed within a year, and upon such…
2Cases cited1 opinion
- Priest v. Inhabitants of GrotonMassachusetts Supreme Judicial Court · 1870
3Cited by16 opinions
- Griffin v. GriffinMassachusetts Supreme Judicial Court · 1915
- Romanausky v. SkutulasMassachusetts Supreme Judicial Court · 1927
- Crawford v. RolosonMassachusetts Supreme Judicial Court · 1925
- In re Compel an Accounting in the Estate of VaretAppellate Division of the Supreme Court of the State of New York · 1918
- Silverstein v. Daniel Russell Boiler Works, Inc.Massachusetts Supreme Judicial Court · 1925
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