Kinney v. Berran

Massachusetts Supreme Judicial Court

Kinney v. Berran

60 Mass. 394, 6 Allen 394

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1850

StatusPublished

This text of 60 Mass. 394 (Kinney v. Berran) 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

Kinney v. Berran, 60 Mass. 394, 6 Allen 394 (Mass. 1850).

Pincite

Opinion

Fletcher, J.

The justice does not certify the fact, that a cause existed which would warrant the taking of the deposi tion, but only that such a cause was assigned by the party It was proper that the party should show, that the cause existed at the time of the "trial; and the evidence offered bv the [396]*396plaintiff, of the return by the constable of a search for the witness, was sufficient, and entitled the party to the use of the deposition. West Boylston v. Sterling, 17 Pick. 126.

Exceptions sustained.

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Fletcher, J.

The justice does not certify the fact, that a cause existed which would warrant the taking of the deposi tion, but only that such a cause was assigned by the party It was proper that the party should show, that the cause existed at the time of the "trial; and the evidence offered bv the [396]*396plaintiff, of the return by the constable of a search for the witness, was sufficient, and entitled the party to the use of the deposition. West Boylston v. Sterling, 17 Pick. 126.

Exceptions sustained.

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Bluebook (online)

60 Mass. 394, 6 Allen 394, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kinney-v-berran-mass-1850.