Broomfield v. Sheehan

77 N.E. 525, 190 Mass. 585, 1906 Mass. LEXIS 1133

• Court: Massachusetts Supreme Judicial Court
• Decided: March 2, 1906
• Status: Published

Opinion

Hammond, J.

The exceptions were duly filed, and the only question is whether “ notice thereof ” was given as required by law.

“ Exceptions shall be reduced to writing and filed with the clerk, and notice thereof shall be given to the adverse party . . . within twenty days after the verdict is rendered.” R. L. c. 178, § 106. Rule 47 of the Superior Court. The notice “ shall be in writing.” Rule 29 of the Superior Court.

A sending to the adverse party by mail of a copy of the bill of exceptions, without any signature of counsel, without any accompanying letter and without any “ memorandum or statement as to the filing thereof,” plainly comes far short of a notice that any bill, much less any properly signed bill, has been filed.

Exceptions overruled.