Massachusetts Supreme Judicial Court September 15, 1853 (Townsend v. Gibbs)

Merrick, J.

The disallowance of the defendants’ motion to enter a nonsuit in the action was placed by the presiding judge in the court of common pleas, upon the special ground, that the plaintiff, being a resident of another state, was not required, under our statute, to answer the interrogatories proposed to him, until the defendants caused a commission to be issued, upon and under which his