Squires v. Cobb

Subject to the defendant’s exception, the plaintiff, who was unable because of illness to attend court, was allowed to prove her case by her own deposition, taken *511within the Commonwealth under G. L. (Ter. Ed.) c. 233, § 25, for the reasons that she “lives more than thirty-miles from the place of trial” and that she “is so ill . . . or infirm as to make it probable that he [she] will not be able to attend at the trial.” The objection to the .deposition was that the defendant, although allowed to file written cross interrogatories, was not given notice of the time of taking and therefore had no…