Bostwick v. Lewis
Supreme Court of Connecticut
In the Court below, HP JL HE declaration charged the defendants with a combination to defraud the plaintiff, in the sale to him of 25,000 acres of Virginia land. The fraud charged was, in making false representations, respecting the title and quality of the land. Nichols, one of the defendants, was defaulted. The other defendants pleaded, severally, not guilty. On trial to the jury, the plaintiff offered depositions taken before justices of the peace in Virginia.
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In the Court below, HP JL HE declaration charged the defendants with a combination to defraud the plaintiff, in the sale to him of 25,000 acres of Virginia land. The fraud charged was, in making false representations, respecting the title and quality of the land. Nichols, one of the defendants, was defaulted. The other defendants pleaded, severally, not guilty. On trial to the jury, the plaintiff offered depositions taken before justices of the peace in Virginia. The only objection to them was, that justices are not authorized, by the laws of that State, to take depositions. The only mode of…
1Opinion of the Court
By the Court,
the judgment was affirmed, New-berry, Seymour, and Allen, Axis, dissenting.
Depositions, under similar circumstances, have always been admitted, before our Courts. The objection, therefore, is too late. There is a difficulty of convicting any man, who deposes out of the State, of perjury, unless he should come into this State $ but this never formed an objection against reading such depositions. In the case of Omichundv. Barker, (a) the Court were, on this point, unanimous.
The testimony respecting Nichols’s confessions, was proper, to shew the amount of damages ; and, though it…
2Cited by3 opinions
- Bound v. LathropSupreme Court of Connecticut · 1822
- Reitenbach v. ReitenbachSupreme Court of Pennsylvania · 1828
- Scott v. JonesSupreme Court of Alabama · 1843