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eBook details

• Title: Russell v. Foley
• Author : Supreme Court of Minnesota
• Release Date : January 28, 1932
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

RUGG, C. J. This is a petition filed in an original proceeding on April 24, 1931, to vacate a judgment entered in the superior court on April 21, 1931. G. L. c. 250, 15; Maker v. Bouthier, 242 Mass. 20, 22, 23, 136 N.E. 255. It relates to the judgment entered in a case tried to a jury, in which after verdict for the plaintiff, under leave reserved, the trial Judge entered a verdict for the defendant subject to the plaintiffs exceptions. A bill of exceptions in that case was seasonably filed. Final extension of time for allowance of those exceptions expired on April 17, 1931. The exceptions had not then been allowed. The trial Judge, after a hearing, allowed the present petition, at the same time denying certain requests for rulings and filing a statement of findings and order of this tenor: Upon all the evidence including matters which occurred before me and of which I have personal knowledge, I find that the attorney for the plaintiff, after a hearing upon the bill of exceptions, at which the exceptions were substantially settled by the court, failed to apply for a further extension at the time for the allowance of the substituted bill, due to an error as to the precise date when the previous extension expired. Unless these facts as matter of law must be so construed, I do not find that plaintiffs counsel was so lax or careless in the matter as to conclude me from the exercise of discretion in the premises, and, accordingly, if I have authority to do so, I direct that an order be entered allowing the within motion and vacating judgment in the within case.

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