¶1The bill of exceptions does not show that the presiding judge excluded from his consideration any evidence offered by the defendant, or ruled on any question of law; but only that, assuming the truth of the facts offered to be proved, the judge, in the exercise of his discretion, refused to grant a new trial. Such refusal is clearly not a matter of ex oeption. Fxcej-tions overruled, with double costs.
123 Mass. 366
Behan v. Williams
Massachusetts Supreme Judicial Court
Decided November 7, 1877
Massachusetts Supreme Judicial Court · decided 1877-11-07
Motion by the defendant to the Superior Court to set aside a verdict for the plaintiff, on the ground of newly discovered evidence. Hearing before Allen, J., who allowed a bill of exceptions in substance as follows: The original action was in contract to recover a balance of $2756.54, for brick and stone work in the erection of a church in Amesbury.
Good law ✅— No negative treatment on recordhow we know
Decided 1877-11-07
How this case has been cited
Cited by 13 later decisions — most recently October 1936
13 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.
View the full empirical analysis of this case →