Force v. Martin
Massachusetts Supreme Judicial Court
Complaint under the bastardy act. At the trial in the Superior Court, before Allen, J., the respondent called Willard Force, a brother of the complainant, and asked him if he ever saw his brother Horace in bed with the complainant, to which he answered that he never had. He was then asked if he did not so state at the hearing before the justice before whom the first bearing was had. To this question the complainant objected, but the judge overruled the objection.
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Complaint under the bastardy act. At the trial in the Superior Court, before Allen, J., the respondent called Willard Force, a brother of the complainant, and asked him if he ever saw his brother Horace in bed with the complainant, to which he answered that he never had. He was then asked if he did not so state at the hearing before the justice before whom the first bearing was had. To this question the complainant objected, but the judge overruled the objection. The answer of the witness was, that he did not remember whether he so testified or not. Several witnesses were then called by the…
1Opinion of the CourtGray, C. J.
Under the St. of 1869, c. 426, allowing the party, who produces a witness, to prove by other evidence, not material for any other purpose, that he has made at other times statements inconsistent with his present testimony, the testimony which it is proposed to contradict must have been material to the issue on trial. In the present case, as the question put to the first witness did not fix any time, and therefore does not appear to have been material to the issue on trial, his answer was conclusive, and the admission, against objection, of evidence to contradict it was erroneous. Ryerson v.…
2Cases cited3 opinions
- Ryerson v. Inhabitants of AbingtonMassachusetts Supreme Judicial Court · 1869
- Brooks v. WeeksMassachusetts Supreme Judicial Court · 1877
- Mayo v. MayoMassachusetts Supreme Judicial Court · 1876
3Cited by6 opinions
- State v. SteevesOregon Supreme Court · 1896
- Gorham v. MoorMassachusetts Supreme Judicial Court · 1908
- Morgan v. StringerTexas Supreme Court · 1931
- Kavanaugh v. ColomboMassachusetts Supreme Judicial Court · 1939
- Batchelder v. BatchelderMassachusetts Supreme Judicial Court · 1885
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