State v. Bourne
Oregon Supreme Court
Defendant appeals. The following is a copy of the dedimus potestatem issued out of the superior court of Suffolk, Massachusetts, authorizing the taking of the deposition of Jonathan Bourne Jr.: “COMMONWEALTH OE MASSACHUSETTS. [ The superior court seal.] “To any commissioner appointed by the governor of said commonwealth of Massachusetts, or to any justice of the peace, notary public, or other officer legally empowered to take depositions or affidavits in the state of Oregon,…
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Defendant appeals. The following is a copy of the dedimus potestatem issued out of the superior court of Suffolk, Massachusetts, authorizing the taking of the deposition of Jonathan Bourne Jr.: “COMMONWEALTH OE MASSACHUSETTS. [ The superior court seal.] “To any commissioner appointed by the governor of said commonwealth of Massachusetts, or to any justice of the peace, notary public, or other officer legally empowered to take depositions or affidavits in the state of Oregon, Geeeting: Assured of your prudence and fidelity, we do by these presents appoint and empower you to take the deposition…
1Opinion of the CourtStrahan, C. J.
It sufficiently appears from the foregoing statement that the superior court of Suffolk county, Massachusetts, where the action of Annie B. Everett v. John Stetson is pending trial, endeavored through the usual instrumentality of a commission on a dedimus potestatem to obtain the evidence of the witness, and failed. Thereafter, letters rogatory were issued under which the circuit court of Mult-nomah county has taken these proceedings which have resulted in this appeal.
*227The real question here is one of jurisdiction. At the outset it is conceded that there is no statute in this state expressly…
2Cited by4 opinions
- Ex Parte Thomas TaylorTexas Supreme Court · 1920
- Electric Reduction Co. of Canada v. CraneMississippi Supreme Court · 1960
- MartinelliMassachusetts Supreme Judicial Court · 1914
- Magdanz v. District CourtSupreme Court of Iowa · 1936