Hadley v. Watson
Massachusetts Supreme Judicial Court
Petition to establish the truth of exceptions alleged by Darius Hadley and Margaret Andrews in an action brought against them by Jeremiah Watson, and disallowed by Mason, J., who presided at the trial in the Superior Court.
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Petition to establish the truth of exceptions alleged by Darius Hadley and Margaret Andrews in an action brought against them by Jeremiah Watson, and disallowed by Mason, J., who presided at the trial in the Superior Court. The petition was verified by the following affidavit, “ subscribed and sworn to,” before a justice of the peace, by the persons named therein: “ We, Darius Hadley and Margaret Andrews, the persons named in the foregoing petition, on oath say, that the statements contained in the foregoing petition are true to the best of our knowledge, information, and belief.”
1Opinion of the CourtMorton, C. J.
The 80th rule of this court requires that a petition to prove exceptions shall be “ verified by affidavit.” The affidavit in this case is insufficient. The affiants do not take the responsibility of stating that the facts are true. They do not state that they know or recollect any of the facts. They *28could not be indicted for perjury if it appeared that their only information was mere hearsay. Any person acting upon such information, however untrustworthy, could take such an oath without incurring any responsibility.
The right to prove exceptions has always been regarded as strictissimi juris.…
2Cases cited1 opinion
- Tufts v. NewtonMassachusetts Supreme Judicial Court · 1875
3Cited by19 opinions
- Dealtry v. Selectmen of WatertownMassachusetts Supreme Judicial Court · 1932
- BishopMassachusetts Supreme Judicial Court · 1911
- Mclaughlin v. LevenbaumMassachusetts Supreme Judicial Court · 1924
- American Carpet Lining Co. v. ChipmanMassachusetts Supreme Judicial Court · 1888
- Dubois v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1944
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