¶1The 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.
74 Mass. 394
Rodn v. Hapgood
Massachusetts Supreme Judicial Court
Decided March 15, 1857
Massachusetts Supreme Judicial Court · decided 1857-03-15
Action of tort for the conversion of a horse to which the plaintiff claimed title under a sale from Patrick F. Clancey Trial in the superior court of Suffolk at January term 1856 before Nelson, C. J., who signed this bill of exceptions: “ At the trial, the plaintiff produced from the files of the court, and offered in evidence a deposition of Clancey ; and the defendants objected to said deposition, because it nowhere appeared that the said deposition had been inclosed,…
Decided 1857-03-15