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168 Mass. 91

De Bang v. Scripture

Massachusetts Supreme Judicial Court

Decided February 27, 1897

Massachusetts Supreme Judicial Court · decided 1897-02-27

<p> Notice of Filing of Exceptions. </p> <p>If no notice of the filing of exceptions is given to the adverse party within twenty days after the verdict in the case, the exceptions will be discharged.</p>

Relies on Baron v. Fitzpatrick

Good law ✅— No negative treatment on recordhow we know

Decided 1897-02-27

How this case has been cited

Cited by 6 later decisions — most recently December 1933

6 state decisions

2018971900191019201930decided

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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Field, C. J.

¶1The presiding justice of the Superior Court makes the following statement at the end of the bill of exceptions : “ The statements in this bill of exceptions are correct, and I allow these exceptions, if on the following facts I have power so to do. The case was tried before me and a verdict rendered for the plaintiff on the fifth day of June, a. d. 1896. There was no extension of the time for filing exceptions. The defendant filed his bill of exceptions on the twenty-fifth day of said June, but gave no notice thereof to the plaintiff until the twenty-sixth day of J une; and the plaintiff for this reason objected and objects to the allowance of the exceptions.”

¶2The exceptions must be discharged, because no notice of the filing of the exceptions was given to the adverse party within twenty days after the verdict in the case. Baron v. Fitzpatrick, 167 Mass. 417.

¶3 Exceptions discharged.

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