Anthony v. Travis
Massachusetts Supreme Judicial Court
Contract by lessors against a lessee, to recover in part the cost of repairs made by them on the demised premises under an alleged agreement with the lessee. Trial in the Superior Court, before Lathrop, J., who allowed a bill of exceptions, in substance as follows.
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Contract by lessors against a lessee, to recover in part the cost of repairs made by them on the demised premises under an alleged agreement with the lessee. Trial in the Superior Court, before Lathrop, J., who allowed a bill of exceptions, in substance as follows. The lease recited the demise by the plaintiffs to the defendant of the “ City Hotel, so called, situate in City Square in the city of Taunton, and comprising all the City Hotel building with the exception of the rooms therein used for stores and offices,” to be used as a hotel; and, after providing, among other things not material,…
1Opinion of the CourtDevens, J.
We are of opinion that the bill of exceptions is properly before us. The court in which a cause is tried may undoubtedly require a party who has filed exceptions, and a motion for a new trial embracing the same questions of law, to elect upon which he will proceed, and may properly refuse to hear the motion unless the party consents to waive his exceptions. In view of the trouble and expense involved in a discussion of the principles of láíw which have been passed upon in a contested case, it would be highly proper that this requirement should generally be made. Sylvester v. Mayo, 1 Cush.…
2Cases cited4 opinions
- Maguire v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. CunninghamMassachusetts Supreme Judicial Court · 1870
- Lee v. TingesCourt of Appeals of Maryland · 1854
- Crowell v. PorterMassachusetts Supreme Judicial Court · 1870
3Cited by12 opinions
- Commonwealth v. RetkovitzMassachusetts Supreme Judicial Court · 1915
- Miller v. CurtisMassachusetts Supreme Judicial Court · 1893
- Commonwealth v. CodyMassachusetts Supreme Judicial Court · 1896
- Commonwealth v. ThompsonMassachusetts Supreme Judicial Court · 1893
- Feeney v. York Manufacturing Co.Massachusetts Supreme Judicial Court · 1905
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