Bundy v. Hyde
Supreme Court of New Hampshire
Assumpsit for labor, brought to this court by the plaintiff on appeal from a probate commissioner. The plaintiff had brought a suit for the same cause of action against Baldwin in his lifetime, and that suit was discontinued wlien Baldwin’s estate was decreed to be administered as insolvent, and the plaintiff’s claim was presented to, and disallowed by, the commissioner.
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Assumpsit for labor, brought to this court by the plaintiff on appeal from a probate commissioner. The plaintiff had brought a suit for the same cause of action against Baldwin in his lifetime, and that suit was discontinued wlien Baldwin’s estate was decreed to be administered as insolvent, and the plaintiff’s claim was presented to, and disallowed by, the commissioner. The deposition of Baldwin, taken in the original suit, was offered in evidence by the defendant, and the plaintiff objected that it could not be used on this appeal. The court overruled the objection, and the plaintiff…
1Opinion of the Court
Foster, J. I.
Section 1, ch. 201, Gen. Stat., 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.”
Section 8, ch. 179, provides that “no action shall be commenced or prosecuted against an administrator after the estate is decreed to be administered as insolvent; but the cause of action may be presented to the commissioner and allowed, with the costs of any action pending at the time of such decree. ”
It is quite clear that the “ cause…
2Cases cited7 opinions
- Gordon v. PotterSupreme Court of Vermont · 1845
- Hicks v. BurhansNew York Supreme Court · 1813
- Parsons v. HuffSupreme Judicial Court of Maine · 1854
- Kercheval v. AmblerCourt of Appeals of Kentucky · 1836
- Spear v. CoonSupreme Court of Connecticut · 1864
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