Broomfield v. Sheehan
Massachusetts Supreme Judicial Court
Tort against a constable of the city of Boston for the alleged conversion of certain goods and chattels attached by him. Writ dated June 10, 1897. At the trial in the Superior Court in October, 1903, before Gashill, J. the jury returned a verdict for the defendant. The plaintiff reduced to writing a bill of exceptions and filed it with the clerk of the court within twenty days after the verdict.
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Tort against a constable of the city of Boston for the alleged conversion of certain goods and chattels attached by him. Writ dated June 10, 1897. At the trial in the Superior Court in October, 1903, before Gashill, J. the jury returned a verdict for the defendant. The plaintiff reduced to writing a bill of exceptions and filed it with the clerk of the court within twenty days after the verdict. The defendant moved to dismiss the bill of exceptions because no notice of the filing was given to him. At the hearing on the motion it appeared that within the required time after the filing of the…
1Opinion of the CourtHammond, J.
The exceptions were duly filed, and the only question is whether “ notice thereof ” was given as required by law.
“ Exceptions shall be reduced to writing and filed with the clerk, and notice thereof shall be given to the adverse party . . . within twenty days after the verdict is rendered.” R. L. c. 178, § 106. Rule 47 of the Superior Court. The notice “ shall be in writing.” Rule 29 of the Superior Court.
A sending to the adverse party by mail of a copy of the bill of exceptions, without any signature of counsel, without any accompanying letter and without any “ memorandum or statement as to…
2Cited by8 opinions
- Chertok v. DixMassachusetts Supreme Judicial Court · 1915
- Day v. McClellanMassachusetts Supreme Judicial Court · 1920
- Dutton v. BennettMassachusetts Supreme Judicial Court · 1926
- Arlington Trust Co. v. Le VineMassachusetts Supreme Judicial Court · 1935
- Saunders v. Shoe Lace Co.Massachusetts Supreme Judicial Court · 1936
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