Rosendale v. McNulty

Decided January 8, 1902

Supreme Court of Rhode Island · decided 1902-01-08

<p>(1) Depositions. Commissioners. Incriminating Answers.</p> <p>A deponent cannot be excused from answering questions, on the ground that her answers would criminate herself, where the questions do not show that such a result would be possible.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1902-01-08

How this case has been cited

Cited by 8 later decisions — most recently June 1981

8 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1 (1) The defendant, Mary McNulty, has refused to answer questions put to her in taking her-deposition, upon the ground that her answers would criminate herself. The questions do not show that such a result would be possible, and hence the questions should have been answered. A writ of attachment against said Mary McNulty will issue, unless at such time as shall be fixed by the master, within *466 twenty days from this date, she shall appear before him and answer the questions which she refused to answer and shall also within that time pay the costs upon this citation, to he taxed by the clerk, and an additional sum of ten dollars for counsel’s fee for complainant’s counsel, which sums are not to he recovered back in any event.

T. M. O’Reilly, for complainants. J. M. Brennan, for respondent.