Rancour's Petition
Supreme Court of New Hampshire
Petition, for habeas corpus. The petitioner was summoned to give his deposition in a proceeding under the liquor nuisance act, against Lucy and Frank Mozrall. He appeared before the magistrate and refused to testify, or to answer any question, on the ground that the proceeding is in the nature of a criminal complaint, in which the law does not authorize the taking of depositions, and because c. 77, Laws of 1887, is in conflict with the constitution.
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Petition, for habeas corpus. The petitioner was summoned to give his deposition in a proceeding under the liquor nuisance act, against Lucy and Frank Mozrall. He appeared before the magistrate and refused to testify, or to answer any question, on the ground that the proceeding is in the nature of a criminal complaint, in which the law does not authorize the taking of depositions, and because c. 77, Laws of 1887, is in conflict with the constitution. The magistrate overruled the objection, and ordei'ed him to answer; still refusing, he was placed under arrest for contempt. Thereupon he applied…
1Opinion of the CourtBlodgett, J.
A petition for an injunction under the nuisance act of 1887 is a civil proceeding (State v. Saunders, ante, p. 39), and consequently depositions may be taken and used therein. Gen. Laws, c. 229, s. 1.
As to the other objections to the caption taken by the petitioner, it is hardly necessary to say that they were not open to him at that stage of the proceedings.
Petition denied.
Bingham, J., did not sit: the others concurred.
2Cited by5 opinions
- United States v. KimballU.S. Circuit Court for the District of Southern New York · 1902
- State Ex Rel. Thorndike v. CollinsSupreme Court of New Hampshire · 1894
- State Ex Rel. Thorndike v. CollinsSupreme Court of New Hampshire · 1895
- Watkins v. Boston & Maine RailroadSupreme Court of New Hampshire · 1921
- Whitcher v. DavisSupreme Court of New Hampshire · 1899