O'Brien v. Barry

Massachusetts Supreme Judicial Court

O'Brien v. Barry

70 Mass. 604

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1855

StatusPublished

This text of 70 Mass. 604 (O'Brien v. Barry) 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

O'Brien v. Barry, 70 Mass. 604 (Mass. 1855).

Pincite

Opinion

Shaw, C. J.

It appears by the exceptions that the book was rejected as incompetent, partly upon specific objections, taken at the trial, which are stated and still relied on as valid, and partly on an inspection of the book by the judge. So fai as the judge acted and decided on his own examination, the decision must be taken as made on matter of fact of which he was the proper judge, and not of law, and therefore not open to reexamination in this court. And as the rejection may have been caused by the character of the book itself, the exceptions cannot be sustained.

Exceptions overruled.

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Shaw, C. J.

It appears by the exceptions that the book was rejected as incompetent, partly upon specific objections, taken at the trial, which are stated and still relied on as valid, and partly on an inspection of the book by the judge. So fai as the judge acted and decided on his own examination, the decision must be taken as made on matter of fact of which he was the proper judge, and not of law, and therefore not open to reexamination in this court. And as the rejection may have been caused by the character of the book itself, the exceptions cannot be sustained.

Exceptions overruled.

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Bluebook (online)

70 Mass. 604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/obrien-v-barry-mass-1855.