Force v. Martin
This text of 122 Mass. 5 (Force v. Martin) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Under the St. of 1869, c. 426, allowing the party, who produces a witness, to prove by other evidence, not material for any other purpose, that he has made at other times statements inconsistent with his present testimony, the testimony which it is proposed to contradict must have been material to the issue on trial. In the present case, as the question put to the first witness did not fix any time, and therefore does not appear to have been material to the issue on trial, his answer was conclusive, and the admission, against objection, of evidence to contradict it was erroneous. Ryerson v. Abington, 102 Mass. 526. Mayo v. Mayo, 119 Mass. 290. Brooks v. Weeks, 121 Mass. 433. Exceptions sustained.
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Cite This Page — Counsel Stack
122 Mass. 5, 1877 Mass. LEXIS 64, Counsel Stack Legal Research, https://law.counselstack.com/opinion/force-v-martin-mass-1877.