Parker v. Parker
Massachusetts Supreme Judicial Court
Appeal by John M. G. Parker from a decree of the Probate Court appointing guardians for him as an insane person. Trial in this court, upon issues submitted to a jury before Knowlton, J., who allowed a bill of exceptions, which so far as material was as follows : The deposition of one E. T. Shepard, a medical expert in insanity, was offered in evidence for the appellant, to show that the appellant was sane and capable of taking care of himself.
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Appeal by John M. G. Parker from a decree of the Probate Court appointing guardians for him as an insane person. Trial in this court, upon issues submitted to a jury before Knowlton, J., who allowed a bill of exceptions, which so far as material was as follows : The deposition of one E. T. Shepard, a medical expert in insanity, was offered in evidence for the appellant, to show that the appellant was sane and capable of taking care of himself. The judge ruled that the deposition was inadmissible, on the ground that in the interrogatories filed, and in the commission issued by the clerk of the…
1Opinion of the CourtKnowlton, J.
The only exception argued in this case relates to the exclusion of a deposition offered by the appellant. The deposition taken was that of Dr. E. T. Shepard, of New Orleans, but the interrogatories and cross-interrogatories were addressed to “ E. S. Shepard,” and the commissioner was directed to take the deposition of “E. S. Shepard.”-- In this Commonwealth a middle name or initial is held to be a part of the name of a person, and cannot be disregarded. Commonwealth v. Shearman, 11 Cush. 546. Terry v. Sisson, 125 Mass. 560. The name E. T. Shepard imported a different person from E. S.…
2Cases cited2 opinions
- Terry v. SissonMassachusetts Supreme Judicial Court · 1878
- Commonwealth v. BuckleyMassachusetts Supreme Judicial Court · 1887
3Cited by5 opinions
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- Anderson v. QualeyMassachusetts Supreme Judicial Court · 1913
- Lenahen v. DesmondMassachusetts Supreme Judicial Court · 1889