Legal Opinion

Commonwealth v. Gilson

Massachusetts Supreme Judicial Court

Decided March 24, 1880PublishedCited by 1 opinion

Complaint for assault and battery upon the defendant’s brother, John F. Gilson, the complainant, at Stoneham, on May 23, 1879. Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions in substance as follows : The defendant claimed the dwelling-house formerly occupied by his mother as a homestead, which he, as administrator of his mother’s estate, had conveyed by deed to a woman whom he subsequently married.

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Complaint for assault and battery upon the defendant’s brother, John F. Gilson, the complainant, at Stoneham, on May 23, 1879. Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions in substance as follows : The defendant claimed the dwelling-house formerly occupied by his mother as a homestead, which he, as administrator of his mother’s estate, had conveyed by deed to a woman whom he subsequently married. The complainant, at the time of the alleged assault, was the tenant of the defendant and his wife, occupying the first story of the dwelling-house, and paid rent…

1Opinion of the Court

By tht! Court.

The bill of exceptions does not show that there was any evidence in the case to which the instructions requested were applicable, and therefore cannot be sustained. Canfield v. Canfield, 112 Mass. 233. Exceptions overruled.

2Cases cited1 opinion

  1. Canfield v. CanfieldMassachusetts Supreme Judicial Court · 1873

3Cited by1 opinion

  1. Commonwealth v. CosseboomMassachusetts Supreme Judicial Court · 1892

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