Silver v. Worcester
Supreme Judicial Court of Maine
Osr EXCEPTIONS from superior court, Cumberland. Assumpsit for labor performed for the testator in bis lifetime. The case was heard by an auditor and the following are the-material portions of his report.
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Osr EXCEPTIONS from superior court, Cumberland. Assumpsit for labor performed for the testator in bis lifetime. The case was heard by an auditor and the following are the-material portions of his report. " Pursuant to the foregoing commission, being first duly sworn, and after giving due notice to both parties, I have heard, examined and fully considered their evidence and arguments, and I now respectfully report as follows "Confessedly the plaintiff was a joiner and carpenter in the service and employ of defendant’s testator in each of the months named in the plaintiff’s declaration. ....…
1Opinion of the CourtBarrows, J.
An auditor can receive only sucli evidence as would be admissible were the case he is hearing on trial in court, and his report is liable to be impeached and must be amended so far as if is founded upon any evidence not legally competent. Paine v. M. M. Ins. Co. 69 Maine, 568.
This suit being against the representative of a party deceased, the testimony of the plaintiff is competent only to the same extent as it would have been, by way of suppletory oath to his books, prior to the passage of the general statute relieving parties and interested witnesses from the disability under which they…
2Cases cited5 opinions
- Faxon v. HollisMassachusetts Supreme Judicial Court · 1816
- Forsythe v. NorcrossSupreme Court of Pennsylvania · 1836
- Walter v. BollmanSupreme Court of Pennsylvania · 1839
- Kingsland v. AdamsSupreme Court of Vermont · 1838
- Leach v. ShepardSupreme Court of Vermont · 1833