Harris v. Brown
Supreme Judicial Court of Maine
On exceptions to rulings in the superior court. The plaintiff (the verdict being against him) excepts to the admission in evidence of the deposition of John T. Hayslett, taken .in New Bedford, Mass., before a justice of the peace there, on the twenty-fourth day of September, 1872, at the request of the plaintiff, upon notice served upon the defendant’s attorney in Portland on the fourteenth day of the same month, the distance between these two places being 166 miles.
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On exceptions to rulings in the superior court. The plaintiff (the verdict being against him) excepts to the admission in evidence of the deposition of John T. Hayslett, taken .in New Bedford, Mass., before a justice of the peace there, on the twenty-fourth day of September, 1872, at the request of the plaintiff, upon notice served upon the defendant’s attorney in Portland on the fourteenth day of the same month, the distance between these two places being 166 miles. The superior court was in session September 11, 1872, but adjourned on and from the sixteenth to the thirtieth day of that…
1Opinion of the CourtDanforth, J.
The principal question in this case is that which arises from the exception to the admission of the deposition of John T. Hayslett. The objection is two-fold; that it was taken in term time, and that due notice was not given.
Depositions, instead of the personal attendance of the witness, can be used only when authorized by statute. Consequently, in order to make them admissible, all the provisions of the statute in relation to them must be complied with.
While the statute prescribes in detail the manner of taking depositions within the State, and leaves nothing to the discretion of the court,…
2Cited by2 opinions
- Porges v. ReidSupreme Judicial Court of Maine · 1980
- Drosdowski v. Supreme Council of Order of Chosen FriendsMichigan Supreme Court · 1897