Howe v. Pierson

Massachusetts Supreme Judicial Court

Howe v. Pierson

78 Mass. 26

CourtMassachusetts Supreme Judicial Court

DecidedNovember 15, 1858

StatusPublished

This text of 78 Mass. 26 (Howe v. Pierson) 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

Howe v. Pierson, 78 Mass. 26 (Mass. 1858).

Pincite

Opinion

By the Court.

1. The new answer allowed by the judge in his discretion to be filed created a new case, and if the parties [27]*27were not desirous of any continuance, postponement or new trial, the same jury having heard the evidence, it was not necessary to repeat it.

2. The admission of any depositions taken out óf the State, after sufficient notice, before a person authorized to take them, may be admitted by the presiding judge in his discretion. Rev. Sts. c. 94, § 33. And it is the uniform practice to take several depositions under the same commission and upon one set of interrogatories. Exceptions overruled.

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By the Court.

1. The new answer allowed by the judge in his discretion to be filed created a new case, and if the parties [27]*27were not desirous of any continuance, postponement or new trial, the same jury having heard the evidence, it was not necessary to repeat it.

2. The admission of any depositions taken out óf the State, after sufficient notice, before a person authorized to take them, may be admitted by the presiding judge in his discretion. Rev. Sts. c. 94, § 33. And it is the uniform practice to take several depositions under the same commission and upon one set of interrogatories. Exceptions overruled.

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Bluebook (online)

78 Mass. 26, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howe-v-pierson-mass-1858.