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33 Me. 31

Lyman v. Parker

Supreme Judicial Court of Maine

Decided July 1, 1851

Supreme Judicial Court of Maine · decided 1851-07-01

On exceptions from the District Court, Cole, J. Mason pleaded that he liad in his hands and possession no goods, effects or credits of the defendant, unless it should be otherwise adjudged upon his answers to the interrogatories which might be put to him, and therefore submitted himself to examination upon oath. The interrogatories were thirty-six in number. A part of them he declined to answer.

Decided 1851-07-01

Tenney, J.

¶1— Certain questions were put to Mason, while he was making his disclosure, which he declined answering, under the advice of counsel. It is not perceived that the questions had any legitimate tendency to elicit facts relevant to the question, whether Mason was trustee or not. There was no order of Court that he should answer those questions, nor was any such order sought by the plaintiffs.

¶2Exceptions sustained.

¶3Trustee discharged.

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