Gloucester Mutual Fishing Insurance v. Hall
Massachusetts Supreme Judicial Court
Contract for $347.95. Writ dated January 16,1909. At the trial in the Superior Court before King, J., the jury returned a verdict for the defendant. The plaintiff filed a motion for a new trial assigning five reasons for setting aside the verdict.
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Contract for $347.95. Writ dated January 16,1909. At the trial in the Superior Court before King, J., the jury returned a verdict for the defendant. The plaintiff filed a motion for a new trial assigning five reasons for setting aside the verdict. At the hearing of the motion for a new trial the defendant asked the judge to rule that the court had no jurisdiction to hear the motion because of the plaintiff’s failure to deliver a copy of the motion to the defendant or his counsel on the day the same was filed, and that, Rule 41 of the Superior Court not having been complied with, the motion…
1Opinion of the CourtRugg, C. J.
A verdict was rendered in this case on May 31, 1910. The plaintiff filed a motion for a new trial on the following day, and deposited in the post office at Gloucester a copy of the motion with a notice stating that it had been filed that day, postage prepaid, and properly addressed to the defendant’s counsel at his office in Boston, where it was delivered on the morning of June 2, two days after the return of the verdict. The question is whether this gave the Superior Court jurisdiction to pass upon the merits of the motion under Rule 41 of the rules of that court, whose material language is…
2Cases cited2 opinions
- Ellis v. GinsburgMassachusetts Supreme Judicial Court · 1895
- Blair v. LaflinMassachusetts Supreme Judicial Court · 1879
3Cited by15 opinions
- Sweeney v. Morey & Co.Massachusetts Supreme Judicial Court · 1932
- Hayne v. CookSupreme Court of Iowa · 1961
- Hellier v. LoringMassachusetts Supreme Judicial Court · 1922
- Walsh v. FeinsteinMassachusetts Supreme Judicial Court · 1931
- American Hoesch, Inc. v. Steamship AubadeDistrict Court, D. South Carolina · 1970
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