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68 Mass. 402

Tripp v. Brownell

Massachusetts Supreme Judicial Court

Decided October 15, 1854

Massachusetts Supreme Judicial Court · decided 1854-10-15

The motion was accompanied by an offer to file a report of the evidence given at the trial.

Decided 1854-10-15

By the Court.

¶1The court are of opinion that a general rule of practice, regulating trials, made by the whole court, pursuant to statute, wThen no discretionary power is reserved, is binding upon a judge at nisi prius, and that he has no authority to dispense with it. Thompson v. Hatch, 3 Pick. 512. And therefore the judgment rendered on the verdict must stand

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