Spear v. Coon
Supreme Court of Connecticut
Assumpsit. After a trial to the jury in the superior court and a verdict for the defendant, the plaintiffs brought a petition for a new trial, which was granted by the superior court, and the case again tried to the jury upon the same issue before Carpenter, J. The deposition of Nathan Spear, oue of the plaintiffs, had been taken to be used on the trial of the petition for a new trial, and was so used without objection from the defendant.
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Assumpsit. After a trial to the jury in the superior court and a verdict for the defendant, the plaintiffs brought a petition for a new trial, which was granted by the superior court, and the case again tried to the jury upon the same issue before Carpenter, J. The deposition of Nathan Spear, oue of the plaintiffs, had been taken to be used on the trial of the petition for a new trial, and was so used without objection from the defendant. It was taken at Leavenworth, in the state of Kansas, where the deponent then and still resided, the defendant having been notified but not attending at the…
1Opinion of the CourtDutton, J.
The only question in this case, worthy of serious consideration's, whether a deposition which has been used on a petition for a new trial in a case may be used again on a subsequent trial of the same case. Other objections have been made to what are claimed to be irregularities in the mode of taking the deposition. It was directed to the clerk of the superior, court, instead of, as the statute specifies, to the superior court, and although it was sealed up, the justice did not certify that it was sealed up by him. Whether either of these objections would have prevailed if taken when the…
2Cited by4 opinions
- Jonescu v. OrlichMichigan Supreme Court · 1922
- Pascault v. CochranUnited States Circuit Court · 1888
- Bundy v. HydeSupreme Court of New Hampshire · 1870
- Pearson v. Bridgeport Hydraulic Co.Connecticut Superior Court · 1955