33 Me. 581
Supreme Judicial Court of Maine
Decided July 1, 1851
Supreme Judicial Court of Maine · decided 1851-07-01
The defendant offered two depositions, the captions of which stated, “ that the adverse party was notified to attend.” Annexed to one of the depositions was an original notification, upon which was a return by an officer ; but the caption contained no reference to that notification, which was as follows : — “ Penobscot ss. Oct. 18, 1850. “ I have made search for the within named adverse party, or E. G. Rawson, his attorney, and can find neither within my precinct.
Decided 1851-07-01
¶1— The caption of each deposition shows a notice. In neither of them is any reference made to the officer’s return on the notification. That return is not, therefore, to be considered as a part of the caption. Neither that return nor the absence of Rawson controls the certificates in the captions.
¶2Exceptions overruled.