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Hadley v. Watson

Darius Hadley & another v. Jeremiah Watson

Hadley v. Watson, 9 N.E. 806 (Mass. 1886)
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Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
November 10, 1886
Judges
Morton
Citations
9 N.E. 806143 Mass. 271886 Mass. LEXIS 10
Headnotes
Under the 30th rule of this court, which requires a petition to establish the truth of exceptions disallowed by the judge presiding at the trial to be “ verified by affidavit,” an affidavit that the statements contained in the petition are true to the best of the knowledge, information, and belief of the affiant, is insufficient.
Summary
Petition to establish the truth of exceptions alleged by Darius Hadley and Margaret Andrews in an action brought against them by Jeremiah Watson, and disallowed by Mason, J., who presided at the trial in the Superior Court. The petition was verified by the following affidavit, “ subscribed and sworn to,” before a justice of the peace, by the persons named therein: “ We, Darius Hadley and Margaret Andrews, the persons named in the foregoing petition, on oath say, that the statements contained in the foregoing petition are true to the best of our knowledge, information, and belief.”

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Morton

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Morton, C. J.

The 80th rule of this court requires that a petition to prove exceptions shall be “ verified by affidavit.” The affidavit in this case is insufficient. The affiants do not take the responsibility of stating that the facts are true. They do not state that they know or recollect any of the facts. They *28 could not be indicted for perjury if it appeared that their only information was mere hearsay. Any person acting upon such information, however untrustworthy, could take such an oath without incurring any responsibility.

The right to prove exceptions has always been regarded as strictissimi juris. The purpose of a petition to prove exceptions is to contradict and control the statement of a judge made under his oath of office and his official responsibility. It is fit that, before this court entertains such a petition, some person with a knowledge of the facts should make oath to their truth. This was the purpose and meaning of the 30th rule. As the petitioners have not complied with the rule, their petition must be dismissed. Tufts v. Newton, 117 Mass. 68 .

Petition dismissed,.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 19 cases

View all citing references →
1887: 11888: 11893: 11903: 11907: 11911: 11914: 11924: 11932: 11934: 11937: 31938: 21944: 31975: 118872026peak 1937 · 3

Relies on it most ⓘ

  1. Dealtry v. Selectmen of Watertown180 N.E. 621 (Mass. 1932)
  2. Bishop94 N.E. 479 (Mass. 1911)
  3. Mclaughlin v. Levenbaum248 Mass. 170 (1924)
  4. American Carpet Lining Co. v. Chipman16 N.E. 1 (Mass. 1888)
  5. Dubois v. Boston & Maine Railroad53 N.E.2d 553 (Mass. 1944)
  6. Tolman v. Crowell193 N.E. 60 (Mass. 1934)

Most recent

  1. Mooney v. Jud's Home Insulation Co.330 N.E.2d 485 (Mass. 1975)
  2. O'Flanagan v. Smith59 N.E.2d 9 (Mass. 1944)
  3. O'Flanagan v. Smith9 Mass. App. Div. 187 (1944)
  4. Dubois v. Boston & Maine Railroad53 N.E.2d 553 (Mass. 1944)
  5. Levine29 N.E.2d 192 (Mass. 1938)
  6. Andersen29 N.E.2d 194 (Mass. 1938)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Tufts v. Newton, 117 Mass. 68 (1875) 6

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