Legal Opinion

Bliss v. Shuman

Supreme Judicial Court of Maine

Decided July 1, 1859PublishedCited by 5 opinions

Exceptions from the ruling of Appleton, J. This was an action of trespass, for maliciously and cruelly beating and killing the plaintiff’s horse. The defendants offered the deposition of Lincoln Benner, one of the defendants, who lives and was at Waldoboro’, in said county of Lincoln, at the time of the trial. There were two other defendants in the action. The plaintiff objected to the deposition, but the objection was overruled and the deposition admitted.

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Exceptions from the ruling of Appleton, J. This was an action of trespass, for maliciously and cruelly beating and killing the plaintiff’s horse. The defendants offered the deposition of Lincoln Benner, one of the defendants, who lives and was at Waldoboro’, in said county of Lincoln, at the time of the trial. There were two other defendants in the action. The plaintiff objected to the deposition, but the objection was overruled and the deposition admitted. The deponent stated fully the facts as they were alleged in the defence. One of the other defendants was not present at the trial, nor…

1Opinion of the Court

The opinion of the Court was drawn up by

Appleton, J.

In Gourts of common law, witnesses are orally examined or cross-examined before a jury; or their depositions taken upon oral or written interrogatories, in pursuance of statutory regulations upon the subject, are received as evidence. When motions are addressed to the Court, the testimony of witnesses, offered in the form of ex parte affidavits, is heard and acted upon.

In England, the Chancellor never hears oral testimony, but his judicial action is entirely based upon the depositions of witnesses, reduced to writing in an examiner’s office.…

2Cases cited1 opinion

  1. Cope v. SibleyNew York Supreme Court · 1850

3Cited by5 opinions

  1. Plunkett v. HamiltonSupreme Court of Georgia · 1911
  2. State v. DooleyWashington Supreme Court · 1914
  3. Kendall v. BrownsonSupreme Court of New Hampshire · 1866
  4. Gandy v. StateNebraska Supreme Court · 1906
  5. Steer v. LittleSupreme Court of New Hampshire · 1860

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