Hayes v. Kelley
This text of 116 Mass. 300 (Hayes v. Kelley) 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
The defendant not having offered the auditor’s report in evidence, but having objected and excepted to its admission when offered by the plaintiff, it was within the discretion of the presiding judge to allow the plaintiff to withdraw it from the consideration of the jury. Eldridge v. Hawley, 115 Mass. 410. The auditor’s report being withdrawn, and the plaintiff’s books of account not having been introduced, the instructions requested by the defendant were immaterial. The evidence as to the defendant’s conduct in regard to the bills rendered to him by the plaintiff was submitted to the jury with appropriate instructions. Exceptions overruled.
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Cite This Page — Counsel Stack
116 Mass. 300, 1874 Mass. LEXIS 88, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayes-v-kelley-mass-1874.