
    New England Mutual Accident Association vs. Ellen W. Varian.
    Middlesex.
    January 7, 1890.
    January 17, 1890.
    Present: Devens, W. Allen, C. Allen, Holmes, & Knowlton, JJ.
    Review— Scire Facias against Trustee — Judgment by Default.
    
    The Superior Court may, under the Pub. Sts. c 187, §§ 16, 25, in its discretion, grant a review of a judgment rendered by default upon a scire facias against a trustee; and to the exercise of that discretion no exception lies.
    Petition to the Superior Court for a review of a judgment by default upon a writ of scire facias against the petitioner as trustee, alleging that the attorney for the petitioner by mistake overlooked the scire facias when it was upon the trial list of that court, and that in consequence judgment was rendered thereon against the petitioner by default. At the hearing, before Hammond, J., the evidence supported the allegations of the petition, and the judge found in accordance therewith, and granted a review; and the respondent alleged exceptions.
    
      J. L. Hunt, for the respondent.
    
      F. D. Ely, for the petitioner, submitted the case on a brief.
   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.  