Whitcher v. McLaughlin
Massachusetts Supreme Judicial Court
Coktbact on an account annexed, by Bradley C. Witcher and Leonard A. Saville, against James R. McLaughlin, who appeared by his guardian, Ann McLaughlin. The answer set up the defence of infancy.
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Coktbact on an account annexed, by Bradley C. Witcher and Leonard A. Saville, against James R. McLaughlin, who appeared by his guardian, Ann McLaughlin. The answer set up the defence of infancy. At the trial in the Superior Court, before Lord, J., the jury found for the defendant, and the following bill of exceptions was allowed: “ The defendant, among other things, offered in evidence the baptismal records of St. Patrick’s Parish, in the city of Boston (late Roxbury), in which was inserted the following entry: ‘ 1852, October 3, James, born the 2d inst., son of Lawrence McLaughlin and Ann,…
1Opinion of the CourtColt, J.
Under the plea of infancy, the issue was whether the defendant was of age at the time of the promise declared on. To prove that he was not, the defendant was permitted to put in the entry of his baptism contemporaneously made by a Roman Catholic priest since deceased in a book which appeared to be a church record of baptisms, and which was produced from the proper custody. In Kennedy v. Doyle, 10 Allen, 161, this was held competent evidence for the purpose of proving the date of the baptism. It was treated as an entry made by a third person in the discharge of an official duty.
The plaintiffs…
2Cases cited1 opinion
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