303 Mass. 391 | Mass. | 1939
The judge of the Superior Court, who heard this case without a jury, found for the plaintiff in her action of tort, brought to recover damages from the defendant for the unlawful confinement of the plaintiff in a hospital for the insane. In a statement of facts the judge found that the defendant, acting in conjunction with others, procured the confinement of the plaintiff “as charged in count 1
No questions are properly before us. There was no request by the defendant for a ruling whether any finding was warranted by the evidence, and it is settled that a party cannot raise such a question by an exception to the general finding or decision taken after it is made. Stowell v. H. P. Hood & Sons, Inc. 288 Mass. 555, and cases cited. But this is not the only difficulty. The record does not disclose that any exceptions were taken, and the allowance of the bill of exceptions by the judge “cannot put life into exceptions which never existed. He [the judge] could not affect the rights of the opposite party in this way.” Herrick v. Waitt, 224 Mass. 415, 417. See Keohane, petitioner, 179
Despite the fact that the defendant saved no exception, and the further fact that the alleged exceptions have not been argued specifically, nevertheless we have examined the alleged grievances. If the alleged exceptions had been properly saved and argued, our conclusion would be that there was no error.
Exceptions overruled.