New England Mutual Accident Ass'n v. Varian
New England Mutual Accident Association v. Ellen W. Varian
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Opinion of the Court
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By the Court.
The Superior Court had authority to grant a review of a judgment rendered upon a default to a writ of scire facias against a trustee. Pub. Sts. c. 187, §§ 16, 25. Ex parte Packard, 10 Mass. 426 .
It does not appear that any evidence was erroneously admitted, and the matter of granting a petition for review, which is in substance and effect a motion for a new trial, was within its jurisdiction. In such cases, the right of exception is very limited. The petition with the evidence supporting it having presented a proper case for the exercise of the discretion of the Superior Court, to the exercise of that discretion, no exception lies. Boston v. Robbins, 116 Mass. 813 . Dearborn v. Mathes, 128 Mass. 194 .
Exceptions overruled.
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