Legal Opinion

Cutter v. Cooper

Massachusetts Supreme Judicial Court

Decided January 6, 1920PublishedCited by 31 opinions

Tort with a declaration in two counts, the first count being for the alleged alienation by the defendant of the affection of the plaintiff’s wife and the second count being for criminal conversation by the defendant with the plaintiff’s wife.

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Tort with a declaration in two counts, the first count being for the alleged alienation by the defendant of the affection of the plaintiff’s wife and the second count being for criminal conversation by the defendant with the plaintiff’s wife. Writ dated October 15, 1914. In the Superior Court the defendant on November 17, 1917, propounded interrogatories in writing to the plaintiff, numbered from 1 to 86. The plaintiff on January 16, 1918, answered the first three of these interrogatories and declined to answer the others “upon advice of counsel under the present state of pleadings, unless…

1Opinion of the CourtRugg, C. J.

This case comes before us rightly on exceptions to the refusal by a judge of the Superior Court to order interrogatories to be answered. Brooks v. Shaw, 197 Mass. 376. The interrogatories were filed pursuant to St. 1913, c. 815. It is provided in § 1 of that act that “Any party, after the entry of an action at law or the filing of a bill in equity, may interrogate an adverse party for the discovery of facts and documents admissible in evidence at the trial of the case.” By § 9 of the act §§ 57 to 67 both inclusive of R. L. c. 173, are repealed. The practice respecting interrogatories thus has…

2Cases cited15 opinions

  1. Brooks v. ShawMassachusetts Supreme Judicial Court · 1908
  2. Bigaouette v. PauletMassachusetts Supreme Judicial Court · 1883
  3. Hadley v. HeywoodMassachusetts Supreme Judicial Court · 1876
  4. McCooe v. Dighton, Somerset, & Swansea Street Railway Co.Massachusetts Supreme Judicial Court · 1899
  5. Standard Life & Accident Insurance v. JonesSupreme Court of Alabama · 1891

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3Cited by31 opinions

  1. Barnes v. Berkshire Street Railway Co.Massachusetts Supreme Judicial Court · 1932
  2. Barnes v. City of SpringfieldMassachusetts Supreme Judicial Court · 1929
  3. Commonwealth v. GranitoMassachusetts Supreme Judicial Court · 1950
  4. Harrington v. AndersonMassachusetts Supreme Judicial Court · 1944
  5. Hogan v. ColemanMassachusetts Supreme Judicial Court · 1951

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