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Tufts v. Newton

Joseph W. Tufts v. James C. Newton

Tufts v. Newton, 117 Mass. 68 (1875)
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Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
January 12, 1875
Judges
Gray
Citations
117 Mass. 681875 Mass. LEXIS 153
Cited by 6
Headnotes
Under the 28th Buie of this court, which requires a petition to establish the truth of exceptions, disallowed by the judge presiding at the trial, to be verified by affidavit and to be filed within twenty days after notice of the disallowance of the exceptions, an affidavit that the exceptions are true is insufficient; and the defect cannot be cured by oral evidence that the person signing the petition made the requisite oath, and that the certificate of the magistrate was incorrect, or by a new affidavit in proper form made after the expiration of the twenty days.
Summary
Petition to establish the truth of exceptions disallowed by the judge who presided at the trial in the Superior Court. The affidavit annexed to the petition was merely an affidavit of the attorney that “ the foregoing exceptions by him subscribed are true.”

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Gray

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Gray, C. J.

A party petitioning to establish the truth of exceptions disallowed by the presiding judge must strictly comply with the rule of court. This was determined in the earliest case upon the subject; Phillips v. Hoyle, 4 Gray, 568 ; and has ever since been considered well settled. Priest v. Groton, 103 Mass. 530, 536 . The 28th Rule of this court requires the petition to be verified by affidavit, and to be filed within twenty days after notice of the disallowance of the exceptions. 104 Mass. 564 . In the present case, the affidavit is merely to the truth of the exceptions, and there is none to the truth of the allegations in the petition. The defect cannot be cured by oral testimony, nor by a new affidavit made after the expiration of the twenty days.

Petition dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

View all citing references →
1886–1887: 11910–1911: 11914–1915: 11922–1923: 11938–1939: 218862026peak 1938 · 2

Relies on it most ⓘ

  1. Hadley v. Watson9 N.E. 806 (Mass. 1886)
  2. Bishop94 N.E. 479 (Mass. 1911)
  3. Thorndike244 Mass. 429 (1923)
  4. Fuller219 Mass. 209 (1914)
  5. Levine29 N.E.2d 192 (Mass. 1938)
  6. Andersen29 N.E.2d 194 (Mass. 1938)

Most recent

  1. Levine29 N.E.2d 192 (Mass. 1938)
  2. Andersen29 N.E.2d 194 (Mass. 1938)
  3. Thorndike244 Mass. 429 (1923)
  4. Fuller219 Mass. 209 (1914)
  5. Bishop94 N.E. 479 (Mass. 1911)
  6. Hadley v. Watson9 N.E. 806 (Mass. 1886)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Priest v. Inhabitants of Groton, 103 Mass. 530 (1870) 22

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