¶1The statute requires that a bill of exceptions shall be filed and notified to the adverse party, as well as presented to the court, within three days after verdict, or within further time aEowed by the judge before the expiration of the three days. The plaintiff, not having waived compliance with the statute, is entitled to insist upon it. Gen. Sts. c. 115, § 7. Doherty v. Lincoln, 114 Mass. 362. Tufts v. Newton, 119 Mass. 476. Exceptions dismissed.
121 Mass. 165
Conway v. Callahan
Massachusetts Supreme Judicial Court
Decided October 25, 1876
Massachusetts Supreme Judicial Court · decided 1876-10-25
Motion to dismiss the defendant’s bill of exceptions to rulings of Brigham, C. J., at a trial in the Superior Court at June term 1876, on the ground that the plaintiff had not been seasonably notified of the filing thereof. It appeared by the docket and files of that court that a verdict for the plaintiff was returned and recorded July 5, 1876. The certificate of the judge on the bill of exceptions was as follows: “July 31, 1876.
Relies on Doherty v. Lincoln · Tufts v. Newton
Good law ✅— No negative treatment on recordhow we know
Decided 1876-10-25
How this case has been cited
Cited by 15 later decisions — most recently September 1925
15 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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