Boston & Maine Railroad v. State
Supreme Court of New Hampshire
Motions, by the plaintiffs, that two witnesses, duly summoned under a caption for the taking of depositions to be used on the trial of the plaintiffs’ petition for abatement of taxes, be directed to answer certain inquiries put to them in the course of their examination and to produce certain documents in obedience to a subpoena duces tecum served upon each.
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Motions, by the plaintiffs, that two witnesses, duly summoned under a caption for the taking of depositions to be used on the trial of the plaintiffs’ petition for abatement of taxes, be directed to answer certain inquiries put to them in the course of their examination and to produce certain documents in obedience to a subpoena duces tecum served upon each. October 26, 1909, the plaintiffs filed in the supreme court a petition for abatement of the taxes assessed against them by the state board of equalization for the year 1909, and three referees were appointed to hear the parties and report…
1Opinion of the CourtPajjsons, C. J.
The plaintiffs’ petition for abatement is a civil cause in which they have the right to take the deposition of any witness for use at the trial. P. S., c. 225, s. 1; Bancour’s Petition, 66 N. H. 172,175; Hayward v. Barron, 38 N. H. 366. Witnesses duly summoned having refused to disclose orally and by documentary proof facts claimed by both parties to be material to the issue, the parties are entitled to some procedure by which the question of law involved in the refusal to answer can be authoritatively settled with reasonable promptitude. The only objection to the procedure adopted, and the…
2Cases cited1 opinion
- State ex rel. Ingram v. MortonSupreme Court of Missouri · 1853
3Cited by9 opinions
- Taylor v. ThomasSupreme Court of New Hampshire · 1914
- Karel v. ConlanWisconsin Supreme Court · 1913
- Lacoss v. LebanonSupreme Court of New Hampshire · 1917
- Rollins v. City of DoverSupreme Court of New Hampshire · 1945
- Boston & Maine Railroad v. StateSupreme Court of New Hampshire · 1912
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