76 Mass. 360
Massachusetts Supreme Judicial Court
Decided March 15, 1858
Massachusetts Supreme Judicial Court · decided 1858-03-15
Action of contract upon a promissory note. At the trial in the superior court of Suffolk at January term 1857, the defendant introduced in evidence a deposition taken by commission, to which the plaintiff then for the first time objected, because the interrogatories were leading, and because in one of them the defendant assumed a fact to have been stated in reply to a previous interrogatory, which the witness had not stated, and which had not been otherwise proved at the…
Cited by 1 later decisions — most recently February 1919
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1858-03-15
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¶1The deposition of Boynton was properly admitted. The objections should have been specifically noted before the issuing of the commission. They go to the form of the interrogatories merely, and not to the competency of the evidence. Allen v. Babcock, 15 Pick. 56. Potter v. Tyler, 2 Met, 64. Atlantic Mutual Fire Ins. Co. v. Fitzpatrick, 2 Gray, 279.
¶2Exceptions overruled.