Lutes v. Tanneries De France S. A.

Murray, J.:

This case comes before us on a motion of defendant that the petition to take depositions be allowed nunc pro tune and that the costs of taking said depositions in the sums claimed by the Commissioner be taxed. The first part of the motion is only a preliminary to the second part. The motion, after a hearing, was denied by the trial judge. The necessary position of the defendant now is that the judge not only could, but must allow his motion.

The commission to take the depositions was not lawfully issued. See Gen. Laws, Chap. 233, § 42.

The plaintiff had notice of the filing of the…