Martin v. Clapp
Massachusetts Supreme Judicial Court
Appeal from a decree of the probate court in the matter of a complaint of Harriet C. Martin, on the Gen. Sts. c. 96, § 6,* against Mary Clapp, for fraudulently concealing effects of Calvin Martin, the deceased husband of the complainant; which decree, after reciting that “ the parties appeared with their counsel,” that the respondent “ claimed the right to appear and be assisted by counsel in responding to the charges against her in the complaint, and in making answers to…
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Appeal from a decree of the probate court in the matter of a complaint of Harriet C. Martin, on the Gen. Sts. c. 96, § 6,* against Mary Clapp, for fraudulently concealing effects of Calvin Martin, the deceased husband of the complainant; which decree, after reciting that “ the parties appeared with their counsel,” that the respondent “ claimed the right to appear and be assisted by counsel in responding to the charges against her in the complaint, and in making answers to such interrogatories as might be put to her concerning the same,” and that “ the complainant by her counsel objected to…
1Opinion of the CourtWells, J.
Proceedings under the Gen. Sts. c. 96, § 6, are for the purpose of discovery in a summary mode. They are not the foundation of any decree, but are merely subsidiary to some other proceeding, either in the same or some other court. The examination is wholly in writing. The judge has no occasion to scrutinize the manner or appearance of the respondent, nor to pass upon the correctness or falsity of her statements. She is not a witness, but a party, entitled to an appeal. Arnold v. Sabin, 4 Cush. 46. No supporting and no opposing testimony is received. The discovery is not only the purpose, but…
2Cited by7 opinions
- LaChapelle v. United Shoe Machinery Corp.Massachusetts Supreme Judicial Court · 1945
- Palmer v. PeckMichigan Supreme Court · 1892
- McNulty v. HoweMassachusetts Supreme Judicial Court · 1935
- Paege v. SchmoldtNebraska Supreme Court · 1938
- Main v. HadfieldWashington Supreme Court · 1906
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