From Casetext: Smarter Legal Research

Marshall v. Babson Institute

Supreme Judicial Court of Massachusetts
Jan 12, 1970
254 N.E.2d 886 (Mass. 1970)

Opinion

January 12, 1970.

Thomas B. Arnold for the plaintiff.

Irvin M. Davis for the defendants.


In this action of contract a judge sitting without jury found for the defendants. The case is here on a bill of exceptions of the plaintiff which recites that there was also filed a "Claim of Exceptions." However, the bill does not disclose that the plaintiff took a single exception to any "opinion, ruling, direction or judgment of the . . . [judge] rendered upon any matter of law." G.L.c. 231, § 113. That the judge allowed a bill of exceptions does not "put life into exceptions which never existed." Herrick v. Waitt, 224 Mass. 415, 417. Commonwealth v. MacGregor, 319 Mass. 462, 463. No question of law has been brought to this court.

Bill of exceptions dismissed.


Summaries of

Marshall v. Babson Institute

Supreme Judicial Court of Massachusetts
Jan 12, 1970
254 N.E.2d 886 (Mass. 1970)
Case details for

Marshall v. Babson Institute

Case Details

Full title:JOHN E. MARSHALL vs. BABSON INSTITUTE others

Court:Supreme Judicial Court of Massachusetts

Date published: Jan 12, 1970

Citations

254 N.E.2d 886 (Mass. 1970)
356 Mass. 737

Citing Cases

Mirkin v. Swartz

The reference to a claim of exceptions in the docket entries does not cure the defect. See Marshall v. Babson…