Phillips v. Smith

Massachusetts Supreme Judicial Court

Phillips v. Smith

110 Mass. 61

CourtMassachusetts Supreme Judicial Court

DecidedSeptember 15, 1872

StatusPublished

Cited by8 cases

This text of 110 Mass. 61 (Phillips v. Smith) 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

Phillips v. Smith, 110 Mass. 61 (Mass. 1872).

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Opinion

Mobtoh, J.

The declaration having been lost, the defendant produced at the trial a copy thereof. If we assume that this copy was proved to the satisfaction of the court, and filed as a part of the record, yet it could not be used or commented on as evidence in the cause. The statute provides that “ neither the declaration, answer, nor any subsequent allegation, shall be deemed evidence on the trial, but allegations only whereby the party making them is bound.” Gen. Sts. c. 129, § 72. This case is governed by Walcott v. Kimball, 13 Allen, 460. Exceptions sustained,.

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Mobtoh, J.

The declaration having been lost, the defendant produced at the trial a copy thereof. If we assume that this copy was proved to the satisfaction of the court, and filed as a part of the record, yet it could not be used or commented on as evidence in the cause. The statute provides that “ neither the declaration, answer, nor any subsequent allegation, shall be deemed evidence on the trial, but allegations only whereby the party making them is bound.” Gen. Sts. c. 129, § 72. This case is governed by Walcott v. Kimball, 13 Allen, 460. Exceptions sustained,.

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Bluebook (online)

110 Mass. 61, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-v-smith-mass-1872.

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