Banigan v. Banigan

Tillinghast, ’ J.

The above entitled case is a petition for divorce, and it has been brought before us upon the respondent’s petition for a new trial of a question which has been passed upon and decided by Mr. Justice Dubois, sitting as a single justice in a matter pertaining to the taking of depositions to be used in the trial of the case upon its merits.(1) The facts in brief are these: Samuel S. Durfee, Esq.,' one of the standing masters in chancery of this court, was proceeding in due form to take the deposition of Dr. Fenner H. Peck-ham, a practicing physician of this city, who had…