Murphy v. Spence

Massachusetts Supreme Judicial Court

Murphy v. Spence

75 Mass. 399

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1857

StatusPublished

This text of 75 Mass. 399 (Murphy v. Spence) 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.

Bluebook

Murphy v. Spence, 75 Mass. 399 (Mass. 1857).

Pincite

Opinion

Shaw, C, J.

That the complainant should have charged the respondent in the time of her travail is a condition precedent to maintaining her complaint. Under the former law, she could only be a witness, on proving such accusation by another witness. But by St. 1857, c. 305, she is made a competent witness, because this is a civil proceeding. Reardon v. Russell, ante, 366. She is therefore a witness for all purposes, and may testify to the fact of such accusation.

The other rulings at the trial were right. The objections not made at the trial are not open now. Exceptions overruled.

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Shaw, C, J.

That the complainant should have charged the respondent in the time of her travail is a condition precedent to maintaining her complaint. Under the former law, she could only be a witness, on proving such accusation by another witness. But by St. 1857, c. 305, she is made a competent witness, because this is a civil proceeding. Reardon v. Russell, ante, 366. She is therefore a witness for all purposes, and may testify to the fact of such accusation.

The other rulings at the trial were right. The objections not made at the trial are not open now. Exceptions overruled.

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Bluebook (online)

75 Mass. 399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murphy-v-spence-mass-1857.