FREEMAN v. BOSTON

No appeal lies from the decision of a presiding judge of the Superior Court overruling a motion for a new trial on the ground of newly discovered evidence.

Under Pub. Sts. c. 153, § 7, providing that in all cases in which a motion for a new trial is not sustained, the court may in its discretion impose upon the moving party such sum to be taxed in the costs of the suit as it shall deem proper, a motion that a sum be imposed as such costs must be made in the court in which the case was tried.

KNOWLTON, J.

This appeal presents no question of law. The motion for a new trial on the ground of newly discovered evidence was addressed to the discretion of the court, and the decision of the presiding justice cannot be revised in this court on appeal. Shea v. Lawrence, 1 Allen, 167, 170. Lowell Gas Light Co. v. Bean, 1 Allen, 274. Stetson v. Medford, 109 Mass. 242. Behan v. Williams, 123 Mass. 366. Perry v. Shedd, 159 Mass. 200.

The motion of the respondent that a sum be imposed upon the petitioner to be taxed in the costs of the suit under the Pub. Sts. c. 153, § 7, should be made in the Superior Court.

Judgment affirmed.