
    George W. Hubbard vs. Stearns Hubbard.
    The right of one party to a civil action to examine the other on written interrogatories under St. 1852, c. 312, §§ 61-74, is not taken away by St. 1856, c. 188, making parties competent witnesses.
    Motion under St. 1852, c. 312, § 72, to default a defendant who had neglected for ten days to answer interrogatories filed by the plaintiff under §§ 61-74.
    
      S. T. Spaulding, for the plaintiff.
    
      W. Allen, Jr. for the defendant,
    argued that §§ 61—74 of St. 1852, c. 312, allowing either party to a civil action to examine the adverse party in writing, were superseded and repealed by St. 1856, c. 88, “ to enable parties in civil actions to be witnesses therein,” which provides that parties in civil actions “ may be admitted to testify in their own favor, and may be called as witnesses by the opposite party.”
   But the Court

held otherwise, and ordered the

Defendant to answer the interrogatories.  