Branch v. Riley
Branch v. Riley
1 Root 541
Cases that cite this one
1 later published case cites this decision.
- Powers v. Ware (Mass. 1824)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This testimony cannot be received. The defendant by being defaulted has admitted the plaintiff’s right of action, and no sufficient excuse is assigned why he cannot produce said writing; its being lost may be the effect of his own negligence and not of any inevitable accident. Besides, if he has such a writing, his proper remedy is by action upon if. See Phillips v. Halsey, New London, March Term, A. D. 1790.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.