Brooks v. Weeks
Massachusetts Supreme Judicial Court
Bill m equity to redeem a mortgage given by the plaintiff to the defendant’s intestate. The case was referred to a master, and at a hearing before him one Gammons, the father of the defendant’s intestate, was called as a witness by the plaintiff, and his testimony was mainly contradictory of that previously given by the plaintiff himself.
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Bill m equity to redeem a mortgage given by the plaintiff to the defendant’s intestate. The case was referred to a master, and at a hearing before him one Gammons, the father of the defendant’s intestate, was called as a witness by the plaintiff, and his testimony was mainly contradictory of that previously given by the plaintiff himself. The plaintiff then called the attention of the witness to certain statements alleged to have been made by him, to a third person, which statements were immaterial, except so far as they tended to impeach the testimony just given by the witness. The witness…
1Opinion of the CourtEndicott, J.
A party producing a witness in court cannot impeach his credit by evidence of bad character, but may contradict him by other evidence, and may also prove that he has *434made at other times statements inconsistent with his testimony Before the last mentioned proof can be given, the circumstances of the supposed statements must be called to the attention of the witness, and he must be asked if he made such statements, and, if so, be allowed to explain them. St. 1869, e. 425.
At the hearing before the master a witness was called by the plaintiff, whose testimony contradicted the testimony previously…
2Cases cited3 opinions
- Ryerson v. Inhabitants of AbingtonMassachusetts Supreme Judicial Court · 1869
- Brannon v. HursellMassachusetts Supreme Judicial Court · 1873
- Adams v. WheelerMassachusetts Supreme Judicial Court · 1867
3Cited by14 opinions
- Horn v. StateWyoming Supreme Court · 1903
- Commonwealth v. McAfeeMassachusetts Supreme Judicial Court · 1999
- Commonwealth v. FestoMassachusetts Supreme Judicial Court · 1925
- Desmond v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1946
- Commonwealth v. TurnerMassachusetts Supreme Judicial Court · 1916
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