Hall v. Staples
Massachusetts Supreme Judicial Court
Petition, filed October 16, 1894, for a writ of certiorari, to quash an order of assessment of the board of health of the city of Malden. Hearing before Knowlton, J., who was of opinion that the petition ought to be dismissed, but, at the request of the petitioner, reported the case for the determination of the full court. The facts appear in the opinion. The case was argued at the bar in January, 1896, and after-wards was submitted on the briefs to all the judges.
1Opinion of the CourtField, C. J.
The first question in the case is whether the petitioner can contradict the record of the proceedings of the respondents so far as it recites the service of notice upon him. It is generally true that the record of a domestic judgment cannot be contradicted by oral evidence, but this is subject to some exceptions. A domestic judgment in an action at common law against an inhabitant of the Commonwealth, which recites that the defendant was duly served with process, or duly appeared by attorney, can be contradicted with respect to the service or appearance on a writ of error, and the fact can be…
2Cases cited13 opinions
- Hendrick v. WhittemoreMassachusetts Supreme Judicial Court · 1870
- Needham v. ThayerMassachusetts Supreme Judicial Court · 1888
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- Gilman v. GilmanMassachusetts Supreme Judicial Court · 1878
- Prince v. City of BostonMassachusetts Supreme Judicial Court · 1872
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3Cited by9 opinions
- Morrison v. Selectmen of WeymouthMassachusetts Supreme Judicial Court · 1932
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- Bishop v. DonnellMassachusetts Supreme Judicial Court · 1898
- Warren v. Street CommissionersMassachusetts Supreme Judicial Court · 1903
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