Legal Opinion

Adams v. Wheeler

Massachusetts Supreme Judicial Court

Decided September 15, 1867PublishedCited by 14 opinions

Tort for the conversion of a horse and wagon. At the trial in the superior court, before Morton, J., it appeared in evidence that the defendant was a deputy sheriff for Franklin, and that the conversion consisted in attaching and selling'the horse and wagon as property of Eliza Adams, the mother of the plaintiff, on the writ in an action against her by Eli Ames.

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Tort for the conversion of a horse and wagon. At the trial in the superior court, before Morton, J., it appeared in evidence that the defendant was a deputy sheriff for Franklin, and that the conversion consisted in attaching and selling'the horse and wagon as property of Eliza Adams, the mother of the plaintiff, on the writ in an action against her by Eli Ames. Eliza was summoned as a witness in the present action, by the plaintiff, but was not called upon by him to testify, whereupon the defendant called her as a witness to prove that the plaintiff was not the owner of the property. But she…

1Opinion of the CourtGray, J.

1. A party may doubtless introduce evidence of any competent and material fact, although that fact has been denied by one of his own witnesses, and although the evidence may have the effect of discrediting that witness ; but he cannot *68be allowed to introduce evidence for the mere purpose of im peaching the credit of a witness whom he has himself produced Brown v. Bellows, 4 Pick. 194. Whitaker v. Salisbury, 15 Pick 544, 545. Friedlander v. London Assurance Co. 4 B. & Ad. 193 It is unnecessary in this case to consider how far, if at all, a party, calling a witness who unexpectedly appears…

2Cases cited2 opinions

  1. People v. SaffordNew York Supreme Court · 1847
  2. Smith v. PriceSupreme Court of Pennsylvania · 1839

3Cited by14 opinions

  1. Hickory v. United StatesSupreme Court of the United States · 1894
  2. Ryerson v. Inhabitants of AbingtonMassachusetts Supreme Judicial Court · 1869
  3. Atherton v. EmersonMassachusetts Supreme Judicial Court · 1908
  4. Carpenter's Appeal From ProbateSupreme Court of Connecticut · 1902
  5. Bradford v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1888

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