116 Mass. 302
Massachusetts Supreme Judicial Court
Decided November 17, 1874
Massachusetts Supreme Judicial Court · decided 1874-11-17
<p>If the party seeking to establish the truth of his exceptions neglects without excuse for sixteen months to apply to the commissioner, appointed by the court, to have a day fixed for a hearing, this is good ground for dismissing the petition to prov« the exceptions.</p>
Decided 1874-11-17
¶1It was the petitioner’s duty to apply to the commissioner to have a day appointed for a hearing. It appears that this has not been done, although sixteen months have elapsed. No excuse for such gross delay is shown. The petition to establish the truth of the exceptions must therefore be
¶2 Dismissed.