Fitch v. Jefferson
Massachusetts Supreme Judicial Court
Petition, to establish the truth of exceptions alleged by-Frances W. Fitch in an action of tort brought by he'r against Marietta R. Jefferson, and disallowed by Sherman, J., who presided at the trial in the Superior Court.
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Petition, to establish the truth of exceptions alleged by-Frances W. Fitch in an action of tort brought by he'r against Marietta R. Jefferson, and disallowed by Sherman, J., who presided at the trial in the Superior Court. The bill of exceptions as filed set forth that, when another case was called for trial, the judge ordered the present case to be tried with it; that the plaintiff’s counsel, after protesting against the order, withdrew from the case; that as soon as the other case had been opened to the jury, the judge directed the defendant’s attorney in the present case, upon the…
1Opinion of the CourtHolmes, C. J.
As a general rule no inquiry into the merits of a bill of exceptions is open upon a petition to prove them. Ordinarily it is not proper to call upon the court to pass upon a question of law until that question is proved to have arisen in the proceedings sought to be revised. But while it appears to us better to adhere to the rule pretty strictly, the rule is rather one of convenience and propriety than of absolute law. It is perfectly logical to dismiss a petition to prove exceptions on the ground that there is nothing in them if they are proved.
The motion before us perhaps falls in…
2Cases cited1 opinion
- Sullivan v. Bar Ass'nMassachusetts Supreme Judicial Court · 1898
3Cited by6 opinions
- Loveland v. RandMassachusetts Supreme Judicial Court · 1908
- Commonwealth v. VallarelliMassachusetts Supreme Judicial Court · 1930
- BishopMassachusetts Supreme Judicial Court · 1911
- Domenic T. ScanoMassachusetts Supreme Judicial Court · 1958
- Feuerstein v. BluesteinMassachusetts District Court, Appellate Division · 1937
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