Fuller v. Damon
Massachusetts Supreme Judicial Court
Coetract upon two promissory notes, made by the defendant, and payable to the order of the plaintiff. Answer, want of consideration. At the trial in the Superior Court, before Putnam, J., without a jury, the defendant, for the purpose of proving the defence set out in the answer, offered in evidence by his attorney his own deposition, which deposition contained matter material to the defence. To the admission of this deposition the plaintiff objected.
Read the full summary
Coetract upon two promissory notes, made by the defendant, and payable to the order of the plaintiff. Answer, want of consideration. At the trial in the Superior Court, before Putnam, J., without a jury, the defendant, for the purpose of proving the defence set out in the answer, offered in evidence by his attorney his own deposition, which deposition contained matter material to the defence. To the admission of this deposition the plaintiff objected. It was conceded that the deposition was taken in term time, and while the court was in session, and without any application to the court for…
1Opinion of the CourtMorton, C. J.
The statutes provide that depositions of witnesses within the State may be taken by either party in a civil case, where the witness lives more than thirty miles from the place of trial, or is about to go out of the State and not to return in time for the trial, or is sick, infirm or aged, upon giving due *587notice to the other party. Gen. Sts. c. 131, §§ 17 & seq. Pub. Sts. c. 169, §§ & 23 seq.
It is also provided that the courts may make proper and convenient rules and regulations concerning the taking and using depositions, not inconsistent with the provisions of law. Gen. Sts. c. 131, § 31.…
2Cited by1 opinion
- Squires v. CobbMassachusetts Supreme Judicial Court · 1936