Bishop
Massachusetts Supreme Judicial Court
Petition to establish the truth of exceptions alleged to have been taken by the petitioner as libellee at a hearing before Sanderson, J., upon objections filed by her to making absolute a decree nisi of divorce for adultery which had been entered against her.
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Petition to establish the truth of exceptions alleged to have been taken by the petitioner as libellee at a hearing before Sanderson, J., upon objections filed by her to making absolute a decree nisi of divorce for adultery which had been entered against her. It was alleged in the petition that on January 11, 1911, Sanderson, J., refused to sign and allow the bill of exceptions presented by the petitioner, and that notice of such dis-allowance was given to the petitioner on January 23,1911. The petitioner presented to this court a motion to amend her petition by adding an allegation that on…
1Opinion of the CourtKnowlton, C. J.
The petitioner has filed a motion to amend her petition by adding to it certain allegations. These allegations are not supported by affidavit, as is required by Rule 6 of the rules for the regulation of practice before the full court.
We feel bound by the decision in Tufts v. Newton, 117 Mass. 68, in which it is held that an affidavit in a case of this kind, made after the expiration of twenty days from notice of the refusal to allow the bill of exceptions, cannot be effectual to entitle the party to the benefit of. such allegations. It is decided that proceedings to establish the truth of…
2Cases cited3 opinions
- Hadley v. WatsonMassachusetts Supreme Judicial Court · 1886
- Fitch v. JeffersonMassachusetts Supreme Judicial Court · 1899
- Tufts v. NewtonMassachusetts Supreme Judicial Court · 1875
3Cited by19 opinions
- Commonwealth v. VallarelliMassachusetts Supreme Judicial Court · 1930
- Moneyweight Scale Co.Massachusetts Supreme Judicial Court · 1917
- Henry L. Sawyer Co. v. BoyajianMassachusetts Supreme Judicial Court · 1937
- BarnettMassachusetts Supreme Judicial Court · 1921
- Domenic T. ScanoMassachusetts Supreme Judicial Court · 1958
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