Commonwealth v. Greenlaw
| Decision Date | 27 November 1875 |
| Citation | 119 Mass. 208 |
| Parties | Commonwealth v. Jeremiah A. Greenlaw |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Suffolk. Indictment for subornation of perjury. At the trial in the Superior Court, before Bacon, J., at July term 1875, the defendant was found guilty, and alleged exceptions to the rulings at the trial. The certificate of the judge upon the bill of exceptions was as follows:
Exceptions dismissed.
A. R. Brown & E. A. Alger, for the defendant.
C. R. Train, Attorney General, for the Commonwealth.
The provision of the Gen. Sts. c. 115, § 7, is explicit, that bills of exceptions shall be presented to the court within three days after the verdict in the case, or the ruling excepted to, and before the adjournment without day of the term at which the exceptions are taken, unless the court, for good cause shown, allows further time. Application for an extension of the time must be made before the time given by the statute has expired. In the present case, no exceptions having been presented to the presiding judge, or application made to him for an extension of the time for presenting them, until after the final adjournment of the term, he had no authority to allow them without the consent of the adverse party. Barstow v. Marsh, 4 Gray 165. Phillips v. Soule, 6 Allen 150. Doherty v. Lincoln, 114 Mass. 362. Ex parte Bradstreet, 4 Pet. 102. United States v. Breitling, 20 How. 252.
Exceptions dismissed.
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