Laughran v. Kelly
Massachusetts Supreme Judicial Court
This was a special action on the case on the Rev. Sts. c. 109, § 78, for the alleged false statements under oath, of the defendant, made by him in answer to a trustee process. The trial was before Mellen, J., in the court of common pleas.
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This was a special action on the case on the Rev. Sts. c. 109, § 78, for the alleged false statements under oath, of the defendant, made by him in answer to a trustee process. The trial was before Mellen, J., in the court of common pleas. The plaintiff having brought an action in the police court of Lowell, in which the defendant was summoned as the trustee, the defendant was defaulted, and the plaintiffs thereupon sued out a writ of scire facias against him, in answer to which the alleged false answers were given. The defendant appeared to the writ of scire facias, and filed a plea or answer…
1Opinion of the CourtBigelow, J.
This action is founded on the Rev. Sts. c. 109, § 78. It is somewhat remarkable, that although a similar statute has been in force in this commonwealth for nearly sixty years, no case has before arisen which has directly called on this court to decide any question growing out of its provisions.
Several exceptions were taken to the rulings of the court at the trial, but by far the most important one relates to the instructions given to the jury as to the amount of evidence upon which they might rightfully find a verdict of guilty against the defendant. In the consideration of this question, it…
2Cases cited2 opinions
- Woodbeck v. KellerNew York Supreme Court · 1826
- Roberts v. ChamplinNew York Supreme Court · 1835