Whicher v. Whicher
Superior Court of New Hampshire
Assumpsit on a promissory note. Upon the trial, the plaintiff offered the deposition of a witness, taken before a justice of the peace for this county.
Read the full summary
Assumpsit on a promissory note. Upon the trial, the plaintiff offered the deposition of a witness, taken before a justice of the peace for this county. It appeared that the magistrate had, at the request of the counsel for the plaintiff, attended the taking of a deposition in the cause, and put questions to the witness, on behalf of the plaintiff', before the deposition in question was taken, and that the defendant attended the taking of the deposition now offered, and knew at the time that the magistrate had appeared on behalf of the plaintiff, as aforesaid, but made no objection on that…
1Opinion of the CourtGilchrist, J.
This case presents two questions. The first is, whether the magistrate was a proper person to take the deposition ; and the second, whether, if he were not, the defendant, by omitting to object at the taking of the deposition, has waived any objection to his competency.
The first section of the act of Dec. 31, 1828, N. H. Laws 505, (Ed. of 1830) provides, that in certain cases depositions of witnesses “ may be taken before a justice of the peace ; but no attorney employed, nor other person interested in the cause, shall write the testimony of any such witness.”
In giving a construction to this…
2Cases cited6 opinions
- Eggleston v. SmileyNew York Supreme Court · 1819
- Gear v. SmithSuperior Court of New Hampshire · 1837
- Pierce v. SheldonNew York Supreme Court · 1816
- Bellows & Hopkins v. PearsonNew York Supreme Court · 1821
- Rollins v. AmesSuperior Court of New Hampshire · 1821
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Sanborn v. FellowsSuperior Court of New Hampshire · 1851
- Bowman v. Sanborn & HarperSuperior Court of New Hampshire · 1852
- Clement v. BrooksSuperior Court of New Hampshire · 1842