Moseley v. Washburn
Massachusetts Supreme Judicial Court
Two actions OP tort, for making false answers in two cases where the present defendant had been summoned as trustee. The cases were tried together in the Superior Court, before SopJcins, J., who allowed a bill of exceptions, in substance as follows.
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Two actions OP tort, for making false answers in two cases where the present defendant had been summoned as trustee. The cases were tried together in the Superior Court, before SopJcins, J., who allowed a bill of exceptions, in substance as follows. The plaintiffs put in evidence the executions which issued in the cases in question, and the judge, in his instructions to the jury, exhibited these executions, and pointed out a certain date upon each, and directed them that, in case their findings were for the plaintiffs, the amounts of their verdicts should be, respectively, certain sums named…
1Opinion of the CourtField, C. J.
These two actions were tried together, and the same questions of law arise in each case. Without considering whether, when two actions are tried together and exceptions are taken in each case, there should not be a bill of exceptions filed in each case, we proceed to consider the exceptions contained in the present bill.
It is undoubtedly true that “no communication whatever” affecting the decision of a cause “ ought to take place between the judge and the jury, after the cause has been committed to them by the charge of the judge, unless in open court.” Sargent v. Roberts, 1 Pick. 337.…
2Cases cited4 opinions
- Read v. City of CambridgeMassachusetts Supreme Judicial Court · 1878
- Kullberg v. O'DonnellMassachusetts Supreme Judicial Court · 1893
- Mason v. MassaMassachusetts Supreme Judicial Court · 1877
- Commonwealth v. HedenMassachusetts Supreme Judicial Court · 1895
3Cited by12 opinions
- Little v. United StatesCourt of Appeals for the Tenth Circuit · 1934
- Dodge v. United StatesCourt of Appeals for the Second Circuit · 1919
- State v. BealNew Mexico Supreme Court · 1944
- Partelow v. Newton & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Raab v. StateCourt of Criminal Appeals of Oklahoma · 1937
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