Inhabitants of Greenfield v. Cushman
Massachusetts Supreme Judicial Court
This was an action of debt for a penalty of twenty pounds, for bringing one John Rowland, a pauper, into Greenfield, and leaving him there, contrary to the provision of the statute of 1793, c. 59, <§> 15. The cause was tried upon the general issue, before Putnam, J., at the last May term in the county of Franklin.
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This was an action of debt for a penalty of twenty pounds, for bringing one John Rowland, a pauper, into Greenfield, and leaving him there, contrary to the provision of the statute of 1793, c. 59, <§> 15. The cause was tried upon the general issue, before Putnam, J., at the last May term in the county of Franklin. The plaintiffs offered the deposition of the said Rowland, which was taken in perpetuam rel memoriam after the commencement of this action; Rowlana being then sick, and dying soon after. The caption was in the form required by the statute. The deposition was objected to on the part…
1Opinion of the CourtParker, C. J.
The question respecting the deposition is important. It has frequently arisen at nisi prius, but has never been settled by the whole Court.
Upon a critical examination of the statute, which provides for the taking of depositions, and prescribes the manner of taking them (1), we are satisfied that a deposition taken pending an ac- [ * 395 ] tian, to remain in perpetuam rel * memoriam, cannot be used in the trial of that action. The first section of the statute authorizes the taking of depositions to be used in an action commenced, and prescribes with great particularity the form and manner.…
2Cited by9 opinions
- State v. CornishSupreme Court of New Hampshire · 1890
- Dyer v. HuntSuperior Court of New Hampshire · 1831
- Inhabitants of Sanford v. EmerySupreme Judicial Court of Maine · 1822
- Smith v. WadleighSupreme Judicial Court of Maine · 1840
- Booth v. County of HillsboroughSupreme Court of New Hampshire · 1863
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