Moore v. Stoddard
Massachusetts Supreme Judicial Court
Three appeals from a decree of the Probate Court for the county of Bristol, allowing the will of Elizabeth F. Noble, late of Mansfield. Two months after the entry of the appeals in the Supreme Judicial Court for the county of Bristol the petitioners filed in that court interrogatories to the respondents, and also filed interrogatories for the taking of the depositions of nineteen other persons, who resided outside of this Commonwealth.
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Three appeals from a decree of the Probate Court for the county of Bristol, allowing the will of Elizabeth F. Noble, late of Mansfield. Two months after the entry of the appeals in the Supreme Judicial Court for the county of Bristol the petitioners filed in that court interrogatories to the respondents, and also filed interrogatories for the taking of the depositions of nineteen other persons, who resided outside of this Commonwealth. The respondents thereupon filed a motion that they be not required to answer the interrogatories propounded to them by the petitioners, “ for the reason that…
1Opinion of the CourtSheldon, J.
1. It has been found that the questions filed by the petitioners for_ the taking of the depositions of the witnesses named therein were put in good faith for the purpose of procuring evidence to be" used at the trial of the issues. Clearly it could not have been ruled otherwise as matter of law. The contention now made by the respondents is that this court has not the right to issue such commissions, but that the questions can be filed and commissions issued only in the Probate Court, in which the petition was brought, and in which it is still pending, although it must be determined in this…
2Cases cited8 opinions
- Gale v. NickersonMassachusetts Supreme Judicial Court · 1887
- Inhabitants of Somerset v. Inhabitants of DightonMassachusetts Supreme Judicial Court · 1815
- Crocker v. CrockerMassachusetts Supreme Judicial Court · 1908
- Burlingame v. BellMassachusetts Supreme Judicial Court · 1820
- Whitney v. WhitneyMassachusetts Supreme Judicial Court · 1817
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3Cited by7 opinions
- Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Cullen v. Mayor of NewtonMassachusetts Supreme Judicial Court · 1941
- Muir v. City of LeominsterMassachusetts Appeals Court · 1974
- Palmer v. MotleyMassachusetts Supreme Judicial Court · 1948
- Old Colony Trust Co. v. WallaceMassachusetts Supreme Judicial Court · 1912
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