Demeritt v. Estes
Supreme Court of New Hampshire
From Strafford Circuit Court. Foreign attachment. Both suits — James Y. Demeritt and Daniel S. Ward v. Estes S? Trustees, and Q-eorge W. Woodman v. Hersey and Morse tf> Trustees — were duly served and entered at the circuit court, February term, 1875. In neither suit had any attempt been made to take or give the depositions of the trustees. At the return term the trustees in each case appeared. In the first one, the court ordered “ Deposition of trustees in sixty days.
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From Strafford Circuit Court. Foreign attachment. Both suits — James Y. Demeritt and Daniel S. Ward v. Estes S? Trustees, and Q-eorge W. Woodman v. Hersey and Morse tf> Trustees — were duly served and entered at the circuit court, February term, 1875. In neither suit had any attempt been made to take or give the depositions of the trustees. At the return term the trustees in each case appeared. In the first one, the court ordered “ Deposition of trustees in sixty days. Principal default; continued nisi.” In the second suit, “ Continued,” and no time was given or requested to take the…
1Opinion of the Court
FROM STRAFFORD CIRCUIT COURT. By Gen. Stats., ch. 230, secs. 7, 8, it is provided that the plaintiff may take, or the trustee may give, the trustee's deposition before the return day of the writ. By section 12, if the trustee's disclosure is not so taken or given, the court, at the return term of the writ, may limit the time, not exceeding sixty days, for the trustee's disclosure; and by section 13, provision is made for extending this time for good cause shown. By section 15, "No trustee shall be charged unless his deposition is taken as aforesaid, and filed in the case, except as is…
2Cited by1 opinion
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