Frevall v. Bache

Decided March 15, 1838

objected to a deposition of one Fournier, taken under a commission to D. C. Croxall, the United States Consul at Marseilles, in France, because, 1st. The commission was issued ex parte without notice to the defendant of an application for the commission, or of the filing the plaintiff’s interrogatories. 2d. Because it was inclosed in an envelop directed to the Chief Judge of the Court, when, by the commission the commissioner was required to “ send the same to the judges,”…

Decided 1838-03-15

Morsell, J.,

¶1stated that such also was the practice in Maryland.

¶2The CouRT (Thruston, J., absent,) overruled Mr. Key’s two first objections, but rejected the deposition because it did not appear that the commissioner had taken the oath annexed to the commission.