Wood v. Weld
Superior Court of New Hampshire
Action for money had and received. Plea: non assumpsit. The plaintiff offered in evidence a copy of a probate record of proceedings of a probate court, holden at Plymouth in said comity, on the twelfth day of February, 1813, containing the confessions of the said defendant, in answer to certain interrogatories put to him by order of the judge of probate, on complaint against said defendant for concealing, carrying away, and embezzling the money, goods, and chattels of the…
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Action for money had and received. Plea: non assumpsit. The plaintiff offered in evidence a copy of a probate record of proceedings of a probate court, holden at Plymouth in said comity, on the twelfth day of February, 1813, containing the confessions of the said defendant, in answer to certain interrogatories put to him by order of the judge of probate, on complaint against said defendant for concealing, carrying away, and embezzling the money, goods, and chattels of the intestate. The Court rejected the evidence, to which the plaintiff excepted. [Verdict for the defendant, which the…
1Opinion of the Court
On application of executor or administrator, heir, creditor, legatee, or person having interest, &e., alleging that he sus*368pects A. B. hath embezzled, &c., judge1 may examine him on oath for discovery of property of deceased. On refusal to answer, judge may commit. The judge who granted administration, &c., has jurisdiction. N. H. Laws, ed. 1797, 248, 249; 1 Manuscript on Descent, &c., 691.
This is in the nature of bill of discovery in courts of equity. Complaint seeks no relief; judge can give none. It is in aid of some other jurisdiction, in civil suit; which other jurisdiction cannot compel…
2Cases cited7 opinions
- Selectmen of Boston v. BoylstonMassachusetts Supreme Judicial Court · 1808
- Martin v. ClappMassachusetts Supreme Judicial Court · 1868
- Bradley v. VeazieSupreme Judicial Court of Maine · 1860
- Kimball v. KimballSupreme Court of Vermont · 1847
- Ives' Appeal from ProbateSupreme Court of Connecticut · 1859
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