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Reports of Cases Argued and Determined in the Supreme Judicial Court of the Commonwealth of Massachusetts (Volume 31): (English)

Reports of Cases Argued and Determined in the Supreme Judicial Court of the Commonwealth of Massachusetts (Volume 31): (English)

          
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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1866. Excerpt: ... James v. Spuulding. suit; she not having released her right to recover costs, nor having received any security, nor tender of security, for her liability for costs. But she was admitted to testify. And the question now is, whether the practice act (St. 1852, c. 312, 60, ) has made her a competent witness without her giving the release or receiving the security required by the previous statute. The provision in the practice act is, that no person offered as a witness shall be excluded from giving evidence " by reason of incapacity from crime or interest; but this act shall not render competent any party to a suit or proceeding who is not now by law rendered competent." When this act was passed, an administrator, party to a suit, was not by law rendered competent as a witness in the suit, unless he should first have given the release, or received, or had tendered to him, the security required by St. 1839, c. 107. As no party to a suit was, by the practice act, made a competent witness in the suit, who was not previously rendered competent by law, and as no administrator, party to a suit, was previously rendered competent by law, except on certain prescribed terms, we are of opinion that he is not, by that act, rendered competent on any other terms. The law on this point was in no way affected by that act, but was left as it stood before. Exceptions sustained. Joseph James Vs. John C. Spaulding. In nn action for goods sold, delivered to a th'rd person, and charged to him in the plaintiff's books of account, parol evidence is admissible to show that the goods were sold to the defendant, and were charged in this manner at the defendant's request. Action Of Contract to recover the value of lumber alleged to have been sold to the defendant, according to th...


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Product Details
  • ISBN-13: 9781235535802
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 242
  • Series Title: English
  • Weight: 440 gr
  • ISBN-10: 1235535800
  • Publisher Date: 18 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Spine Width: 13 mm
  • Width: 189 mm


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