Day v. Crosby
Massachusetts Supreme Judicial Court
Two ACTIONS oe contract, by the administrator with the will annexed of the estate in this Commonwealth of George M. Jerollman, upon two judgments, one recovered on November 12, 1874, in the Miami County Circuit Court of Indiana, and the other recovered on November 2, 1875, in the Circuit Court of the United States for the District of Indiana, by Jerollman against the defendants. Writs dated July 7 and October 21, 1896, respectively.
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Two ACTIONS oe contract, by the administrator with the will annexed of the estate in this Commonwealth of George M. Jerollman, upon two judgments, one recovered on November 12, 1874, in the Miami County Circuit Court of Indiana, and the other recovered on November 2, 1875, in the Circuit Court of the United States for the District of Indiana, by Jerollman against the defendants. Writs dated July 7 and October 21, 1896, respectively. The cases were tried together in the Superior Court, without a jury, before Sherman, J., who allowed a bill of exceptions, in substance as follows. The plaintiff…
1Opinion of the CourtHammond, J.
These two actions were tried together. In each case the plaintiff offered in evidence a duly certified copy of the record of the judgment upon which the action was based. The defendant objected to the admission of these copies, not because they were not properly certified, but because they were annexed to the respective declarations and had become a part of the pleadings; and he contended that therefore, under Pub. Sts. c. 167, § 75, they could not be considered as evidence at the trial. The court rightly admitted them.
The contention of the defendant is based upon a palpable misconception of…
2Cases cited2 opinions
- Lyons v. WardMassachusetts Supreme Judicial Court · 1878
- Walker v. RobinsonMassachusetts Supreme Judicial Court · 1884
3Cited by6 opinions
- Herman v. FineMassachusetts Supreme Judicial Court · 1943
- Gallo v. FoleyMassachusetts Supreme Judicial Court · 1937
- Jenkins v. Trustees of Andover Theological SeminaryMassachusetts Supreme Judicial Court · 1910
- Haynes v. BlanchardMassachusetts Supreme Judicial Court · 1907
- Finley v. MattsonMassachusetts District Court, Appellate Division · 1976
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