Holdsworth v. Tucker
Massachusetts Supreme Judicial Court
Contract to recover for breach of a bond for a deed, given, in the penal sum of three hundred dollars, by the defendant to the plaintiff.
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Contract to recover for breach of a bond for a deed, given, in the penal sum of three hundred dollars, by the defendant to the plaintiff. Trial in the Superior Court, without a jury, before Staples, J., who found for the plaintiff, and ordered execution to issue to her i for f29.33. Thereafter the plaintiff, being dissatisfied with the amount, filed a motion for a new trial, on the ground then for the first time set up, that, upon non-performance of a bond given for a specific sum for the performance of an act at a certain time, the finding and damages should be for the penal sum of the bond.…
1Opinion of the Court
By the Coubt.
The question of law which the plaintiff now attempts to raise was open to her at the trial. As she did not then raise' it, she cannot avail herself of it upon a motion for a new trial. No appeal lies from the order of the Superior Court overruling the motion for a new trial. Whittaker v. West Boylston, 97 Mass. 273, and cases cited.
Appeal dismissed.
2Cases cited1 opinion
- Whittaker v. Inhabitants of West BoylstonMassachusetts Supreme Judicial Court · 1867
3Cited by10 opinions
- Loveland v. RandMassachusetts Supreme Judicial Court · 1908
- Commonwealth v. GedziumMassachusetts Supreme Judicial Court · 1927
- White v. PeaseUtah Supreme Court · 1897
- Restuccia v. BonnerMassachusetts Supreme Judicial Court · 1934
- Garrity v. HigginsMassachusetts Supreme Judicial Court · 1901
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