Baxter v. Payne
Wisconsin Supreme Court
ERROR to tke District Court for Oreen County. The facts in this case are sufficiently stated in the opimon of the court. 1. The court erred in admitting the deposition of Pyncheon because the certificate of the justice did not show that he was sworn according to law, and the method of securing testimony by depositions being unknown to the common law, the statute must be strictly complied with, and if not complied with in every particular, the deposition must be rejected. 5…
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ERROR to tke District Court for Oreen County. The facts in this case are sufficiently stated in the opimon of the court. 1. The court erred in admitting the deposition of Pyncheon because the certificate of the justice did not show that he was sworn according to law, and the method of securing testimony by depositions being unknown to the common law, the statute must be strictly complied with, and if not complied with in every particular, the deposition must be rejected. 5 Mass. 219 ; 1 Peters, 351; Wright (Ohio), 632, 380 ; 5 Ohio, 329. 2. The district court should have nonsuited the…
1Opinion of the CourtMiller, J.
This is an action of assumpsit, brought by the defendant in error, against the plaintiff in error, *503and tried in the district court of Green county. The declaration consists of the common counts, for goods sold and delivered, to-wit: 40,881 feet of lumber.
It was proven that about 30,000 feet of lumber was delivered by plaintiff to defendant, at sundry times, through the spring and summer of 1841. In the course of the trial it was proven, that the plaintiff Payne, in the spring of 1841, in the presence of witness, and at sundry times, stated, that he had agreed to deliver to the defendant, by…
2Cases cited3 opinions
- Crane v. Lessee of MorrisSupreme Court of the United States · 1832
- D'Wolf v. RabaudSupreme Court of the United States · 1828
- Doe on the Demise of Elmore v. GrymesSupreme Court of the United States · 1828
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- Pound v. RoanWisconsin Supreme Court · 1878
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- Western Union Telegraph Co. v. CollinsSupreme Court of Kansas · 1890
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