Boudereau v. Montgomery
U.S. Circuit Court for the District of Pennsylvania
In equity. The plaintiffs, about eighty or one hundred in number, assert themselves to be the next of kin, on the paternal side, to Charles White, who died intestate in the city of Philadelphia some time in the month of January in the year 1S16. The intestate was one of the numerous French neutrals, as they were called, who were deported from Nova Scotia in the year 1755 by order of the British government The bill alleges that he was the son of Charles White, who died,…
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In equity. The plaintiffs, about eighty or one hundred in number, assert themselves to be the next of kin, on the paternal side, to Charles White, who died intestate in the city of Philadelphia some time in the month of January in the year 1S16. The intestate was one of the numerous French neutrals, as they were called, who were deported from Nova Scotia in the year 1755 by order of the British government The bill alleges that he was the son of Charles White, who died, leaving two sons, Francis and the intestate, and four brothers and two sisters, the ancestors of the plaintiffs. That the two…
1Opinion of the Court
WASHINGTON, Circuit Justice.
As to the last objections, that would be attended to by the court upon the report of the master, to whom it might be proper to refer the depositions, to inquire whether any, and which of the interrogatories are leading. The objections to the execution of the commission strike at the entire depositions, and being in my opinion well founded, the depositions themselves must be suppressed. The commissioners act under a special authority, which it is not only their duty to pursue, but it should be made to appear to the court by their own showing, that this authority was…
2Cases cited1 opinion
- Jackson ex dem. Ross v. CooleyNew York Supreme Court · 1811
3Cited by4 opinions
- Bartlett v. CommissionerUnited States Board of Tax Appeals · 1929
- Carter v. MontgomeryCourt of Appeals of Tennessee · 1875
- Estate of Barrett, Superior Court of California, County of San Francisco1899
- Fellers v. DavisSupreme Court of South Carolina · 1885