Legal Opinion

Petition of Snow

Supreme Court of New Hampshire

Decided June 2, 1908PublishedCited by 1 opinion

Petition for habeas corpus, and Bill in Equity for discovery. Facts found by the court. Transferred from the June term, 1907, of the superior court by Chamberlin, J. Snow, the petitioner in the habeas corpus proceeding and one of the defendants in the second action, is an attorney, and was employed by the other defendants to contest the will of William Randall.

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Petition for habeas corpus, and Bill in Equity for discovery. Facts found by the court. Transferred from the June term, 1907, of the superior court by Chamberlin, J. Snow, the petitioner in the habeas corpus proceeding and one of the defendants in the second action, is an attorney, and was employed by the other defendants to contest the will of William Randall. When the will was proved in solemn form, Snow liad his stenographer take the testimony of the witnesses to the will. The plaintiffs’ counsel took no minutes of the testimony, thinking they could procure a copy from Snow if one was…

1Opinion of the CourtYoung, J.

1. The plaintiffs undertook to compel Snow to produce the copy as a part of his deposition, and he refused on the ground that his possession was the possession of his clients, and that they could not be compelled to produce it because of section 14, chapter 224, Public Statutes. It is clear that they could not be compelled to produce the copy in that way, for it is a writing within the meaning of that section. If it either is or may be admissible on any issue in the case, it would come within the provision of that section; and if it is inadmissible as to every issue in the case, it is…

2Cases cited1 opinion

  1. AnonymousMassachusetts Supreme Judicial Court · 1811

3Cited by1 opinion

  1. Lacoss v. LebanonSupreme Court of New Hampshire · 1917

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