Day v. McClellan
Massachusetts Supreme Judicial Court
Tort for compelling the plaintiff by duress and false imprisonment to marry against his will. Writ dated September 6, 1918. The action was tried before Keating, J., by whose order the jury found for the defendants on March 26, 1919. The plaintiff filed a proposed bill of exceptions on April 15, 1919. On July 31, 1919, the defendants filed a motion to dismiss the plaintiff’s exceptions on the ground that the plaintiff had given them no sufficient notice of the filing of the…
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Tort for compelling the plaintiff by duress and false imprisonment to marry against his will. Writ dated September 6, 1918. The action was tried before Keating, J., by whose order the jury found for the defendants on March 26, 1919. The plaintiff filed a proposed bill of exceptions on April 15, 1919. On July 31, 1919, the defendants filed a motion to dismiss the plaintiff’s exceptions on the ground that the plaintiff had given them no sufficient notice of the filing of the bill. The motion was heard by the trial judge upon affidavits. The plaintiff asked for the following rulings: “1. As a…
1Opinion of the CourtRugg, C. J.
This bill of exceptions relates to the action of a judge of the Superior Court in allowing a motion to dismiss a bill of exceptions, filed respecting the trial of the case on its merits, on the ground that the excepting party failed to give to the adverse party written notice of the filing of the exceptions as required by Rules 52 and 28 of the Superior Court (1915).
A motion to dismiss exceptions on that ground is correct procedure. It has been followed in so many cases without question that the practice must be treated as settled. Only a few need be cited. Conway v. Callahan, 121 Mass. 165.…
2Cases cited12 opinions
- Corbett v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
- Chertok v. DixMassachusetts Supreme Judicial Court · 1915
- Doherty v. Phoenix InsuranceMassachusetts Supreme Judicial Court · 1916
- Blair v. LaflinMassachusetts Supreme Judicial Court · 1879
- Conway v. CallahanMassachusetts Supreme Judicial Court · 1876
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Universal Adjustment Corp. v. Midland Bank, Ltd., of LondonMassachusetts Supreme Judicial Court · 1933
- Samuel v. Page-Storms Drop Forge Co.Massachusetts Supreme Judicial Court · 1922
- Gallagher v. AtkinsMassachusetts Supreme Judicial Court · 1940
- Glass v. GlassMassachusetts Supreme Judicial Court · 1927
- Wind Innersole & Counter Co. v. GeilichMassachusetts Supreme Judicial Court · 1944
13 more not listed; retrieve them via the Exa API.