Legal Opinion

Fuller v. Hodgdon

Supreme Judicial Court of Maine

Decided June 15, 1845PublishedCited by 5 opinions

Assumpsit on a promissory note, signed by the defendant, dated May 14, 1836, for <$61, payable to one Fiske or his order in three years from date with interest.

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Assumpsit on a promissory note, signed by the defendant, dated May 14, 1836, for <$61, payable to one Fiske or his order in three years from date with interest. The action was commenced March 7, 1843. The plaintiff proved the execution of the note and the indorsement thereof by Fiske, “without recourse,” on Dec. 13, 1841. At the trial, before RedingtoN, District Judge, the defendant offered certain depositions, and the plaintiff objected to the admission thereof, on the ground, that the justice before the depositions were taken had certified, that the answers therein were written by him, and…

1Opinion of the Court

The opinion of the Court was drawn up by

Shepley J.

The first question presented by the bill of exceptions is, whether the depositions of Mary Pratt, John Hitchborn and Lucy Hodgdon, were properly admitted. The objection is, that the statute, c. 133, <§> 17, requires, that the certificate of the magistrate should state “ by whom the deposition was written;” and his certificates, annexed to those depositions, state, that they were “ reduced to writing by me excepting the interrogatories.”

The fifteenth section of the statute provides, that the deponent, after being sworn, shall be examined “…

2Cited by5 opinions

  1. Sonnesyn v. AkinNorth Dakota Supreme Court · 1905
  2. Blumenthal Bros. v. CulverSupreme Court of Iowa · 1902
  3. In Re InglisSupreme Court of Oklahoma · 1917
  4. Kezer v. CliffordSupreme Court of New Hampshire · 1879
  5. Danforth v. GautreauSupreme Judicial Court of Maine · 1989

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