De Bang v. Scripture
| Decision Date | 27 February 1897 |
| Citation | 46 N.E. 406,168 Mass. 91 |
| Parties | DE BANG v. SCRIPTURE. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Frank
N. Nay, for plaintiff.
Jos. C. Sharkey, for defendant.
OPINION
The presiding justice of the superior court makes the following statement at the end of the bill of exceptions: The exceptions must be discharged, because no notice of the filing of the exceptions was given to the adverse party within 20 days after the verdict in the case. Baron v. Fitzpatrick (Suffolk, Jan. 11, 1897) 45 N.E. 915. Exceptions discharged.
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8 cases
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Day v. McClellan
...A matter on the files and yet not properly before the court ordinarily is dismissed and not considered on its merits. De Bang v. Scripture, 168 Mass. 91, 46 N. E. 406;Corbett v. Boston & Maine R. R., 219 Mass. 351, 356, 107 N. E. 60. Cases are to be found where the exceptions have been disa......
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Day v. Mcclellan
... ... files and yet not properly before the court ordinarily is ... dismissed and not considered on its merits. DeBang v ... Scripture, 168 Mass. 91 ... Corbett v. Boston & Maine ... Railroad, 219 Mass. 351 , 356. Cases are to be found where ... the exceptions have been disallowed on ... ...
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Old Colony St. Ry. v. Thomas
...Mass. 152, 153, 66 N. E. 631;Briggs v. Barker, 145 Mass. 287, 13 N. E. 907;Snow v. Dyer, 178 Mass. 393, 59 N. E. 1023;De Bang v. Scripture, 168 Mass. 91, 46 N. E. 406. Under the statute and the above decisions it is plain that, if the delivery of the papers to the assistant clerk at his res......
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Lambert v. Cheney
... ... appellant were filed; but no notice of the filing was given ... to the appellee until the next day, November 24, 1914. De ... Bang v. Scripture, 168 Mass. 91, 46 N.E. 406. On ... November 25, 1914, the appellant filed a motion requesting an ... extension of time for the giving ... ...
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