Anonymous

Massachusetts Supreme Judicial Court

Anonymous

20 Mass. 14

CourtMassachusetts Supreme Judicial Court

DecidedMarch 15, 1825

StatusPublished

This text of 20 Mass. 14 (Anonymous) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Anonymous, 20 Mass. 14 (Mass. 1825).

Pincite

Opinion

But per Curiam.

A deposition taken in another State has no force here as a deposition in perpetuam. Our statute ap plies only to such as are taken within this State. As this deposition was taken before the libel was pending, we are doubtful whether it is within the discretionary power of the Court to admit it as a foreign deposition. But in a case like this we ought to have some evidence that the adverse party would not be prejudiced if the deposition were admitted. We do not know that he was not within reach of notice.¹ The deposi tion cannot be received in evidence.

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But per Curiam.

A deposition taken in another State has no force here as a deposition in perpetuam. Our statute ap plies only to such as are taken within this State. As this deposition was taken before the libel was pending, we are doubtful whether it is within the discretionary power of the Court to admit it as a foreign deposition. But in a case like this we ought to have some evidence that the adverse party would not be prejudiced if the deposition were admitted. We do not know that he was not within reach of notice.¹ The deposi tion cannot be received in evidence.

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Bluebook (online)

20 Mass. 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anonymous-mass-1825.