Tighe v. Maryland Casualty Co.

• Decision Date: 13 January 1914
• Citation: 103 N.E. 941,216 Mass. 459
• Parties: TIGHE et al. v. MARYLAND CASUALTY CO.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

216 Mass. 459

103 N.E. 941

TIGHE et al. v. MARYLAND CASUALTY CO.

Supreme Judicial Court of Massachusetts, Suffolk.

January 13, 1914

COUNSEL

Daniel H. Coakley, of Boston, for plaintiffs.

Edward I. Taylor, of Boston, for defendant.

OPINION

RUGG C.J.

This is a motion presented to the full court, signed by counsel representing all parties, that a bill of exceptions regularly allowed by a judge of the superior court be amended by the addition of a material statement. It is urged that power to grant petitions of this nature is conferred by St. 1913, c 716, entitled 'An act to simplify legal procedure.' It is provided by section 3 that 'the Supreme Judicial Court, upon any appeal, bill of exceptions, report, or other proceeding, in the nature of an appeal in any civil action suit or proceeding, shall have all the powers of amendment of the court below.' The word 'amendment,' when found in statutes relating to procedure and practice commonly refers only to pleadings and process. See R. L. c. 173, §§ 48-53, 69, 70, 121; chapter 163, § 167; chapter 159, § 6; chapter 197, § 14; chapter 193,§ 32; chapter 158, § 3; chapter 167, § 18; chapter 203, § 19. It would require explicit and unequivocal language to warrant attaching to it a different meaning. There is nothing to St. 1913, c. 716, to indicate that it is used with another signification. On the contrary its whole tenor shows that the word is employed in the same sense as elsewhere in statutes touching practice. The obvious purpose of the phrase above quoted is to enable this court to remove difficulties of pleading and process in the way of final disposition of a cause which appears to have been fully and fairly tried on its merits, and otherwise is ripe for judgment. It has an ample field for operation without stretching it to include that which is not within its natural significance.

There are inherent obstacles in giving the statute any other construction. The word 'amendment' does not easily lend itself to an interpretation applicable to bills of exceptions, reports or appeals. These constitute the record of the action of the trial judge. Facts upon which his conduct, rulings and decision were founded cannot in the nature of things be changed justly without his consent. Allowance of a bill of exceptions by a judge is a certificate by him of its truth. So long as he is alive and not incapacitated, he alone with propriety can determine whether a...