Supreme Court of New Hampshire July 15, 1859 (Douglass v. Douglass)

Eastman, J.

The court have repeatedly held that a commissioner has no power, by virtue of the appointment, to take testimony and administer oaths in a jurisdiction in which he does not reside, unless he is a magistrate of such jurisdiction.

¥e are not aware, however, that we have any reported case to that effect, and the error here is one of not unfrequent occurrence.