Hyland v. Hines

Public Statutes, c. 225, s. 1 provides that “The deposition of any witness in a civil cause may be taken and used at the trial unless the adverse party procures him to attend, so that he may be called to testify when the deposition is offered.” If this language is to be given its ordinary meaning, either party may use the deposition unless the other party procures the attendance of the deponent at the trial, and there is nothing in the history of this section to rebut this conclusion.

The act of February 9, 1791, provides, “That in the trial of all civil causes, when witnesses in any such…