Massachusetts Supreme Judicial Court, 1890

Commonwealth v. Cleary

Massachusetts Supreme Judicial Court · Decided November 25, 1890 · Holmes

152 Mass. 491; 25 N.E. 834; 1890 Mass. LEXIS 103

Cases that cite this one

5 later published cases cite this decision.

Sampson v. Sampson (Mass. 1916)
Leland v. Converse (Mass. 1902)
Nichols v. Rosenfeld (Mass. 1902)
Fuller v. Fuller (Mass. 1900)
Chase v. Phillips (Mass. 1891)

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

Holmes, J.

1. The defendant’s offer to prove by his wife that he showed her that he was opposed to her owning and having intoxicating liquors, was allowed by the presiding judge so far .as it related to acts. So far as it related to the effect of private *493conversations between tbe two, tbe only legal way of proving this was by proving the substance of the words spoken. As the defendant was not at liberty to prove the latter, he could not prove the former. Pub. Sts. c. 169, § 18, cl. 1.

2. Evidence of the defendant’s acts after the last seizure was inadmissible. He could not make evidence for himself in that way. Exceptions overruled.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.