Bigelow v. Blanchard
Massachusetts Supreme Judicial Court
This was an action of covenant on an agreement under seal by the defendants to the plaintiffs, to indemnify them against a payment of $700 made by them to Perley Hale, at the request of the defendants, after the plaintiffs had been summoned and charged as the trustees of Hale. The case was tried before Mellen, J., in the court of common pleas.
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This was an action of covenant on an agreement under seal by the defendants to the plaintiffs, to indemnify them against a payment of $700 made by them to Perley Hale, at the request of the defendants, after the plaintiffs had been summoned and charged as the trustees of Hale. The case was tried before Mellen, J., in the court of common pleas. After a verdict for the plaintiffs, the defendants made and filed a written motion to set aside the same, as being against the weight of evidence. But after the motion had been on file for several days, the defendants withdrew it, and tendered a bill of…
1Opinion of the CourtShaw, C. J.
It is difficult to perceive what point there is for the. court in this case. It is objected that these exceptions *274ought not to have been allowed, because the party taking them had previously made a motion for a new trial in the court of common pleas. But as that motion was withdrawn, before it was acted upon, and as it was a motion for a new trial, as for a verdict against evidence, and not on the ground of any misdirection, or other matter of law, we think the case distinguishable from that of Sylvester v. Mayo, 1 Cush. 308.
But supposing the exceptions well taken and allowed, what question…
2Cited by1 opinion
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