Phillips v. Smith
Cases that cite this one
7 later published cases cite this decision.
- Lantry-Sharpe Contracting Co. v. McCracken (Tex. App. 1910)
- Harrington v. Metropolitan Transit Authority (Mass. 1963)
- Stoney v. Soar (Mass. 1948)
- Herman v. Fine (Mass. 1943)
- Demelman v. Burton (Mass. 1900)
- Barrett v. Featherstone (Tex. 1896)
- Tart v. Fiske (Mass. 1885)
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
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,.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.