Barry v. Smith
Massachusetts Supreme Judicial Court
The following statement of the case is taken from the opinion of the court: This was an action of tort containing three counts. The first two were for trespass quare clausum fregit.
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The following statement of the case is taken from the opinion of the court: This was an action of tort containing three counts. The first two were for trespass quare clausum fregit. The first count alleged that the plaintiff was the owner of a close situated at 99 Tremont Street in the city of Everett, and that the defendants forcibly entered on the same about the middle of January, 1902, and “ wrongfully and unlawfully roped off the approach to said premises, and used a portion of said premises in connection with the premises adjoining thereto, as a yard for a smallpox hospital, and used the…
1Opinion of the CourtLoring, J.
[After the foregoing statement of the case.] 1. It is settled in this Commonwealth, (Webber v. Davis, 5 Allen, 393; Commonwealth v. Kane, 108 Mass. 423; Commonwealth v. Tobin, 108 Mass. 426,) and elsewhere, (Wigmore on Evidence, § 2535,) that in general it is not necessary, in proving that a man is a public officer, to produce his commission. It is enough to prove that he has acted as such. And it accordingly was decided in Commonwealth v. Wright, 158 Mass. 149, that it was competent for the officer himself to testify that he was such public officer. In that case the court did not find it…
2Cases cited19 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Love v. City of AtlantaSupreme Court of Georgia · 1894
- Moynihan v. ToddMassachusetts Supreme Judicial Court · 1905
- Nicholson v. City of DetroitMichigan Supreme Court · 1902
- Dillingham v. SnowMassachusetts Supreme Judicial Court · 1809
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3Cited by32 opinions
- Whitney v. City of WorcesterMassachusetts Supreme Judicial Court · 1977
- Bolster v. City of LawrenceMassachusetts Supreme Judicial Court · 1917
- Gildea v. EllershawMassachusetts Supreme Judicial Court · 1973
- Donohue v. City of NewburyportMassachusetts Supreme Judicial Court · 1912
- Johnson v. City of SomervilleMassachusetts Supreme Judicial Court · 1907
27 more not listed; retrieve them via the Exa API.