Smith v. Slack

125 Mass. 474, 1878 Mass. LEXIS 107

Opinion

By the Court.

The evidence of the statements of the defendant may have been competent as tending to prove an admission by her that the intestate’s wife was absent at the time of the services rendered him by the plaintiff. But the introduction of that evidence clearly did not warrant the proof of statements of the widow, who was not a party to this action. Her statements were mere hearsay and incompetent.

Exceptions overruled.