Lawson v. Rowley
Massachusetts Supreme Judicial Court
Petition, filed October 20, and amended October 28, 1903, for a writ of prohibition, addressed to the defendant as a justice of the peace, prohibiting and enjoining him from proceeding further with the taking of the deposition of the petitioner in an action pending in the Superior Court between one Torrey E. Wardner and one Albert C. Bur rage, from requiring the plaintiff to answer the questions propounded to him by the attorney for the plaintiff in that action, and from…
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Petition, filed October 20, and amended October 28, 1903, for a writ of prohibition, addressed to the defendant as a justice of the peace, prohibiting and enjoining him from proceeding further with the taking of the deposition of the petitioner in an action pending in the Superior Court between one Torrey E. Wardner and one Albert C. Bur rage, from requiring the plaintiff to answer the questions propounded to him by the attorney for the plaintiff in that action, and from committing or punishing the petitioner for contempt' on account of his refusal to answer certain questions. The case came…
1Opinion of the CourtKnowlton, C. J.
The respondent, as a justice of the peace, was applied to under the R. L. c. 175, § 26, to take the deposi*172tian of the petitioner in a pending case, on the ground that the witness was about “ to go out of the Commonwealth and not to return in time for the trial.” The petitioner refused to answer certain questions propounded to him, and this petition is brought to obtain a writ of prohibition to prevent the magistrate from issuing a process of commitment to jail for contempt in refusing to answer.
If, following the opinion of Chief Justice Shaw in Livesey v. Bennett, 14 Gray, 130, we assume…
2Cases cited1 opinion
- First National Bank of Chicago v. GrahamMassachusetts Supreme Judicial Court · 1900
3Cited by3 opinions
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