¶1It is settled that in a civil action a petition for leave to establish in this court the truth of exceptions which have not been allowed by the superior court must be dismissed, if the petitioner has not given ten days’ notice before the time in the term when the exceptions would have been entered if they had been allowed, in conformity with the rule of this court Elwell v. Dizer, 1 Allen, 484. The rule applies equally to erim inal cases. Petition dismissed.
99 Mass. 427
Commonwealth v. Wilson
Massachusetts Supreme Judicial Court
Decided March 15, 1868
Massachusetts Supreme Judicial Court · decided 1868-03-15
Indictment for larceny from the person. In the superior court, after a verdict against the defendant, exceptions were allowed, which she waived at the argument in this court, when she filed a petition for leave to establish the truth of other exceptions disallowed below.
Cited by 1 later decisions — most recently January 1870
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1868-03-15
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