Winslow v. Mosher
Supreme Judicial Court of Maine
Assumpsit for use and occupation. At the trial before Emery J. the defendant offered the deposition of Abraham Anderson, who was proved to be unable to attend court, taken in perpetuam at the defendant’s request by C. B. Smith, Notary Public. Notice of the taking of said deposition, and that the deposition was to be used in the present suit, was duly served on the counsel for the adverse party.
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Assumpsit for use and occupation. At the trial before Emery J. the defendant offered the deposition of Abraham Anderson, who was proved to be unable to attend court, taken in perpetuam at the defendant’s request by C. B. Smith, Notary Public. Notice of the taking of said deposition, and that the deposition was to be used in the present suit, was duly served on the counsel for the adverse party. It appeared by the Notary’s certificate, that the deposition was duly recorded upon his own records. The deposition had never been recorded in the Registry of Deeds. The counsel for the plaintiff…
1Opinion of the Court
The opinion of the Court was delivered by
Whitman C. J.
This action was tried at the Nov. Term of this Court, 1840. The plaintiff offered in evidence a deposition taken in perpetuara, by a notary public, and duly recorded in his office, but not elsewhere. The Court admitted it, though objected to by the defendant, who thereupon tendered a bill of exceptions, on account of this and other supposed errors in the ruling of the Court, which was duly allowed and signed. The question first in order to be decided is — was this deposition admissible ? If not, the other exceptions need not be noticed.
The…
2Cited by1 opinion
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