Smith v. Wadleigh
Supreme Judicial Court of Maine
Assumpsit for labor performed in running logs out of Pleasant River at the request of the defendants. At the trial, before Shepley J. the plaintiff offered the deposition of S. P. Dutton, who had then deceased, taken in perpetuam, at the request of Seth Whittier and others, not including the plaintiff, who severally had actions pending against the defendants for similar services.
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Assumpsit for labor performed in running logs out of Pleasant River at the request of the defendants. At the trial, before Shepley J. the plaintiff offered the deposition of S. P. Dutton, who had then deceased, taken in perpetuam, at the request of Seth Whittier and others, not including the plaintiff, who severally had actions pending against the defendants for similar services. The Justices, who took the deposition, certified, that the defendants, being all the persons living within twenty miles of the place of caption, or in the State, known to be interested in the property to which the…
1Opinion of the Court
The opinion of the Court, was drawn up by
Weston C. J.
The act of 1821, c. 85, prescribing the mode of taking depositions, is a' transcript of the statute of Massachusetts, existing at the time of our separation. It had there been decided that a deposition, takén in perpetuam, after an action had been instituted, could not be used in such action. Greenfield v. Cushman, 16 Mass. R. 393. This objection has been removed by the statute of 1823, c. 211.
The general statute .provides; that a deposition, taken in perpetuam, may be used as evidence in any cause, to which it may re*355late. But it seems…
2Cases cited1 opinion
- Inhabitants of Greenfield v. CushmanMassachusetts Supreme Judicial Court · 1820
3Cited by1 opinion
- Johnson v. BradburyDistrict Court, D. Maine · 1921