¶1The declaration having been lost, the defendant produced at the trial a copy thereof. If we assume that this copy was proved to the satisfaction of the court, and filed as a part of the record, yet it could not be used or commented on as evidence in the cause. The statute provides that “ neither the declaration, answer, nor any subsequent allegation, shall be deemed evidence on the trial, but allegations only whereby the party making them is bound.” Gen. Sts. c. 129, § 72. This case is governed by Walcott v. Kimball, 13 Allen, 460. Exceptions sustained,.
110 Mass. 61
Phillips v. Smith
Massachusetts Supreme Judicial Court
Decided September 15, 1872
Massachusetts Supreme Judicial Court · decided 1872-09-15
Conte ACT. Besides the original declaration filed on the entry of the writ, the plaintiff filed an additional declaration for use and occupation.
Good law ✅— No negative treatment on recordhow we know
Decided 1872-09-15
How this case has been cited
Cited by 7 later decisions — most recently February 1963
7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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