Pickering v. Reynolds

Massachusetts Supreme Judicial Court

Pickering v. Reynolds

119 Mass. 111, 1875 Mass. LEXIS 83

CourtMassachusetts Supreme Judicial Court

DecidedNovember 4, 1875

StatusPublished

Cited by7 cases

This text of 119 Mass. 111 (Pickering v. Reynolds) 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

Pickering v. Reynolds, 119 Mass. 111, 1875 Mass. LEXIS 83 (Mass. 1875).

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Opinion

Gray, C. J.

If the declarations of the elder Reynolds in disparagement of his title were made before the demandant’s attachment, they were clearly admissible in evidence against the demandant who claimed under him, and the bill of exceptions does not show that they were made since the attachment.

The declarations of the same person, made at a different time, had no tendency to contradict the first declarations, and, if they were admissible at all, it was because they tended to prove the [114]*114demandant’s original case. Kingsford v. Hood, 105 Mass. 495. The demandant did not except to their exclusion when offered in chief, and has no right of exception to their exclusion when offered in rebuttal. Wheeler v. Wheeler, 116 Mass. 297. Wallace v. Taunton Street Railway, ante, 91.

Exceptions overruled.

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Gray, C. J.

If the declarations of the elder Reynolds in disparagement of his title were made before the demandant’s attachment, they were clearly admissible in evidence against the demandant who claimed under him, and the bill of exceptions does not show that they were made since the attachment.

The declarations of the same person, made at a different time, had no tendency to contradict the first declarations, and, if they were admissible at all, it was because they tended to prove the [114]*114demandant’s original case. Kingsford v. Hood, 105 Mass. 495. The demandant did not except to their exclusion when offered in chief, and has no right of exception to their exclusion when offered in rebuttal. Wheeler v. Wheeler, 116 Mass. 297. Wallace v. Taunton Street Railway, ante, 91.

Exceptions overruled.

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Bluebook (online)

119 Mass. 111, 1875 Mass. LEXIS 83, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pickering-v-reynolds-mass-1875.

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