Whitney v. Hunt-Spiller Manufacturing Corp.
Massachusetts Supreme Judicial Court
Tort for personal injuries. Writ dated December 18, 1912. At the trial in the Superior Court before Stevens, J., the jury-returned a verdict for the plaintiff in the sum of $4,000 on October 31, 1913. On the same day a motion for a new trial was filed by the defendant, but no notice or copy of the motion was given to the plaintiff or the plaintiff’s counsel within three days after the return of the verdict as required by Rule 41 of the Superior Court.
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Tort for personal injuries. Writ dated December 18, 1912. At the trial in the Superior Court before Stevens, J., the jury-returned a verdict for the plaintiff in the sum of $4,000 on October 31, 1913. On the same day a motion for a new trial was filed by the defendant, but no notice or copy of the motion was given to the plaintiff or the plaintiff’s counsel within three days after the return of the verdict as required by Rule 41 of the Superior Court. On November 8, 1913, the defendant asked the judge for further time within which to give the plaintiff’s counsel a copy of the motion for a new…
1Opinion of the CourtRugg, C. J.
The only question presented by this record is whether a judge of the Superior Court has power to extend the time within which a motion to set aside a verdict and to grant a new trial may be filed, when no such motion has been filed within three days after the return of the verdict. Rule 41 of the Superior Court provides that “no motion for a new trial shall be sustained in a civil action after verdict ... [in enumerated cases] . . . unless within three days after the verdict is returned ” a motion therefor is filed. “For cause the time for filing such motion may be extended by the court.”…
2Cases cited4 opinions
- Dolan v. Boott Cotton MillsMassachusetts Supreme Judicial Court · 1904
- Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1911
- Hack v. NasonMassachusetts Supreme Judicial Court · 1906
- Cleverly v. O'ConnellMassachusetts Supreme Judicial Court · 1892
3Cited by9 opinions
- Lowrie v. CastleMassachusetts Supreme Judicial Court · 1916
- Boston Morris Plan Co. v. BarrettMassachusetts Supreme Judicial Court · 1930
- Brown v. GrowMassachusetts Supreme Judicial Court · 1924
- Hellier v. LoringMassachusetts Supreme Judicial Court · 1922
- Barnard Manufacturing Co. v. Eugen C. Andres Co.Massachusetts Supreme Judicial Court · 1919
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