Phillips v. Smith

Massachusetts Supreme Judicial Court
Phillips v. Smith, 110 Mass. 61 (Mass. 1872)
Mobtoh

Phillips v. Smith

Opinion of the Court

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,.

Reference

Full Case Name
James R. Phillips v. Willard Smith
Cited By
8 cases
Status
Published