Com. v. O'brien

Decision Date25 November 1890
Citation25 N.E. 834,152 Mass. 495
PartiesCOMMONWEALTH v. O'BRIEN, (two cases.)
CourtUnited States State Supreme Judicial Court of Massachusetts Supreme Court
COUNSEL

A.J. Waterman, Atty. Gen., for the Commonwealth.

Horace I. Bartlett, for defendant.

OPINION

KNOWLTON, J.

In each of these cases, the complaint purported to have been properly received and sworn to before the police court of Haverhill, and the warrant to have been properly issued bye the court. The motion to dismiss was rightly overruled. The oral evidence offered to impeach the record was incompetent. Com. v. Intoxicating Liquors, 135 Mass. 519; Kelley v. Dresser, 11 Allen, 31. Exceptions overruled.

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4 cases
  • E.J. Fitzwilliam Co. Inc. v. Commonwealth
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • January 4, 1927
    ...in a collateral attack any of the facts established by the record of the judgment of forfeiture of the district court. Commonwealth v. O'Brien, 152 Mass. 495, 25 N. E. 834;Commonwealth v. Duggan, 255 Mass. --, 154 N. E. 67. It has not been argued that notice was not given as required by G. ......
  • Thompson v. Globe Newspaper Co.
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • May 20, 1932
    ...was issued impeached the validity of the proceedings in the district court of Newton and was accordingly inadmissible. Commonwealth v. O'Brien, 152 Mass. 495, 25 N. E. 834;Watts v. Stevenson, 169 Mass. 61, 47 N. E. 447;Tufts v. Hancox, 171 Mass. 148, 50 N. E. 459. Nor does the argument of t......
  • E.J. Fitzwilliam Co., Inc. v. Commonwealth
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • January 3, 1927
    ...in a collateral attack any of the facts established by the record of the judgment of forfeiture of the District Court. Commonwealth v. O'Brien, 152 Mass. 495. Commonwealth v. Duggan, 257 Mass. 465 It has not been argued that notice was not given as required by G.L.c. 138, Section 66, nor th......
  • Thompson v. Globe Newspaper Co.
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • May 19, 1932
    ...was issued impeached the validity of the proceedings in the District Court of Newton and was accordingly inadmissible. Commonwealth v. O'Brien, 152 Mass. 495 Watts v. Stevenson, 169 Mass. 61 . Tufts v. Hancox, 171 Mass. 148 . Nor does the argument of the plaintiff, that the public policy of......

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