Gass v. Stinson
U.S. Circuit Court for the District of Massachusetts
[This was a bill in equity by Joseph Gass against Abner P. Stinson.] This cause being before the master, under the decretal order already passed [Case No. 5,200] an application was made to the master orally, by the defendant’s counsel, to take the testimony of certain witnesses, the object of which was to establish the incompetency of one Noah James as a witness, who had been examined in the cause, and whose deposition was before the court, when the decretal order was…
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[This was a bill in equity by Joseph Gass against Abner P. Stinson.] This cause being before the master, under the decretal order already passed [Case No. 5,200] an application was made to the master orally, by the defendant’s counsel, to take the testimony of certain witnesses, the object of which was to establish the incompetency of one Noah James as a witness, who had been examined in the cause, and whose deposition was before the court, when the decretal order was passed. The ground of the application was, that James had been convicted of larceny; that the defendant’s counsel knew it…
1Opinion of the Court
STORY, Circuit Justice.
As the original application to the master was made orally, the precise grounds on which it was made do not appear, except from the master’s certificate. This was a great irregularity; and the application should have been by petition in writing, verified (if not ordinarily, at least in a case of this sort,) by affidavit. See Troup v. Sherwood, 3 Johns. Ch. 558, 56G. The irregularity, however, was not then brought to my notice. The interrogatories, proposed to be put to the witnesses, were, however, filed in writing before the master; and an exception has now been taken…
2Cases cited1 opinion
- Troup v. Sherwood & WoodNew York Court of Chancery · 1818
3Cited by1 opinion
- Wilson v. StateWisconsin Supreme Court · 1854