Rodn v. Hapgood

Massachusetts Supreme Judicial Court

Rodn v. Hapgood

74 Mass. 394

CourtMassachusetts Supreme Judicial Court

DecidedMarch 15, 1857

StatusPublished

This text of 74 Mass. 394 (Rodn v. Hapgood) 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

Rodn v. Hapgood, 74 Mass. 394 (Mass. 1857).

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Opinion

By the Court.

The certificate of the clerk that the deposition had been opened and filed by him is prima facie evidence that it was duly sealed up and directed in conformity with the requisitions of the statute. If there had been any irregularity in this particular, the presumption is that the clerk would have noticed it, and have preserved the envelop or return of the magistrate, so that either party might bring the question before the court. Exceptions overruled.

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By the Court.

The certificate of the clerk that the deposition had been opened and filed by him is prima facie evidence that it was duly sealed up and directed in conformity with the requisitions of the statute. If there had been any irregularity in this particular, the presumption is that the clerk would have noticed it, and have preserved the envelop or return of the magistrate, so that either party might bring the question before the court. Exceptions overruled.

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Bluebook (online)

74 Mass. 394, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodn-v-hapgood-mass-1857.