Massachusetts Supreme Judicial Court, 1857

Rodn v. Hapgood

Rodn v. Hapgood
Massachusetts Supreme Judicial Court · Decided March 15, 1857
74 Mass. 394

Rodn v. Hapgood

Opinion of the Court

By the Court.

The 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.

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