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121 Mass. 15

Jones v. Smith

Massachusetts Supreme Judicial Court

Decided September 21, 1876

Massachusetts Supreme Judicial Court · decided 1876-09-21

Writ oe entry to foreclose a mortgage, given by the tenant to secure the performance of a contract by herself and her husband to support and furnish suitable clothes to the demandant. Plea nul disseisin. At the trial in the Superior Court, before Wilkinson, J., the demandant testified that he made a request of the tenant for clothing, and that she referred him to her husband.

Good law ✅— No negative treatment on recordhow we know

Decided 1876-09-21

How this case has been cited

Cited by 5 later decisions — most recently March 1916

5 state decisions

2018761880189019001910decided

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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By the Court.

¶1It may be doubted whether the objection made in argument to the copy of the letter, for want of proper foundation being laid for the admission of secondary evidence, is open on the bill of exceptions. But, assuming it to be open, there was some evidence that the husband was the agent of the tenant, his wife, and there is nothing in the exceptions to show that the judge did not admit the- copy on that ground, or that he made any error of law in admitting it.

¶2The amount of the income of the demandant was immate- , o nal upon the question whether the tenant had performed her *17contract to support him, and the regulation of the cross-examination was within the discretion of the presiding judge.

¶3Whether the testimony of Hunter was competent depended upon the state of the whole evidence at the time it was offered, which was before the court below, and is not before us. The excepting party has not disclosed enough of the case to show that this testimony was incompetent.

¶4Exceptions overruled.

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