Hurley v. O'Sullivan
Massachusetts Supreme Judicial Court
Petition, filed December 11, 1882, for partition of a parcel of land in Winchester. At the trial in the Superior Court, before Barker, J., the jury returned a verdict for the petitioner; and the respondent alleged exceptions, which appear in the opinion.
1Opinion of the CourtDevens, J.
1. Although the burden of proof was on the respondent to show that the omission of the petitioner from her father’s will was intentional,- yet this did not give him the right to open and close. The petitioner still had the affirmative of the averments necessary to bring her case within the provisions of the statute, and that which the respondent sought to establish was matter in avoidance only. Ramsdill v. Wentworth, 106 Mass. 320. Dorr v. Tremont National Bank, 128 Mass. 349, 358.
2. The respondent was not entitled to the two rulings requested at the close of the petitioner’s evidence.…
2Cases cited14 opinions
- Smith v. First National BankMassachusetts Supreme Judicial Court · 1868
- Wetherbee v. PotterMassachusetts Supreme Judicial Court · 1868
- Church v. CrockerMassachusetts Supreme Judicial Court · 1807
- Dorr v. Tremort National BankMassachusetts Supreme Judicial Court · 1880
- Wilder v. GossMassachusetts Supreme Judicial Court · 1817
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3Cited by15 opinions
- Jones v. JonesMassachusetts Supreme Judicial Court · 1937
- Newman v. WatermanWisconsin Supreme Court · 1885
- Goff v. BrittonMassachusetts Supreme Judicial Court · 1902
- Draper v. DraperMassachusetts Supreme Judicial Court · 1929
- White v. WhiteMassachusetts Supreme Judicial Court · 1947
10 more not listed; retrieve them via the Exa API.