Dearborn v. Dearborn
Superior Court of New Hampshire
Assumpsit, on review. Upon the trial the defendant offered in evidence the deposition of James Moore, Jr., taken in perpetuam rei memori-am. subsequent to the commencement of the suit. The plaintiff objected to its admission ; but it appearing that Moore had since deceased, it was admitted.
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Assumpsit, on review. Upon the trial the defendant offered in evidence the deposition of James Moore, Jr., taken in perpetuam rei memori-am. subsequent to the commencement of the suit. The plaintiff objected to its admission ; but it appearing that Moore had since deceased, it was admitted. The defendant also offered the evidence of Isaac Riddle, to whose admission as a witness the plaintiff objected, on the ground that he was interested in the event of the suit; to show which they introduced a bond, executed by the defendant and said Riddle, to the plaintiff, with the condition that the…
1Opinion of the CourtUp ham, J.
The first exception in this case is, that the deposition of James Moore, Jr., which was taken in perpet-uam rei memoriam, is inadmissible, for the reason that the caption of the deposition was during the pendency of the present suit.
This exception is sustained by the decision in the case, Greenfield vs. Cushman, 16 Mass. R. 393. That decision, however, is founded oir some provisions in the Massachusetts statute different from ours, which are adverted to as in part the grounds of the decision.
It is perfectly clear, that depositions taken in perpetuam cannot ordinarily be used in pending suits.…
2Cases cited3 opinions
- Inhabitants of Greenfield v. CushmanMassachusetts Supreme Judicial Court · 1820
- Lake v. AubornNew York Supreme Court · 1837
- Rogers v. McDearmidSuperior Court of New Hampshire · 1835