Ex Parte Thayer

As the record shows, the superior court ordered Thayer to file the deposition, both in the original personal injury action, which had been dismissed at the date of the order, and in the second personal injury action, which was pending at the date of the order.

Generally speaking, depositions must be filed or recorded in the court to which they are returnable, and, if they are improperly retained, the party having them in possession may be compelled to produce, file, or record them. Carr v. Adams, 70 N. H., 622, 45 A., 1084; Bennett v. Williams, 57 Pa., 404; Johnston v. Penna. Rd. Co., 5 Wkly.…