Lessee of Sweitzer v. Meese
Supreme Court of Pennsylvania
IN ERROR. r J ''HIS was a writ of error to the Common Pleas oí'Centre I to remove the record and proceedings in an action of ejectment.
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IN ERROR. r J ''HIS was a writ of error to the Common Pleas oí'Centre I to remove the record and proceedings in an action of ejectment. With the record came up two bills of exceptions bv which it appeared as follows: r J A # Upon the trial of the cause, the plaintiff .offered to read die depositions of Rudolph Spangler and Margaret Dowdle, taken at the house of Samuel Spangler in Tork at five P. M. 1 . ° . on the 27th of December 1809, in pursuance of a.notice, entitled in the cause, and directed to George Meese one of the defendants, calling upon him to take notice that the deposi- ' ° 1 \…
1Opinion of the Court
Tilghman C. J.
gave no opinion, having.been sick during the argument..
Ye ates J.
Two bills of exceptions have been sealed by the Court, upon their overruling the depositions of Rudolph Spangler, and Margaret Dowdle, which were offered in evidence on the part of the plaintiff.
The objections taken to them, are grounded on the want of proper notice being, given under the rule of court to the adverse parties, previously to the witnesses being examined, as well as a supposed interest in the witnesses themselves.
It has been contended, l. That the notice to take the depositions at the house…
2Cases cited2 opinions
- Jackson ex dem. Griswold v. BardNew York Supreme Court · 1809
- Jackson v. Van DusenNew York Supreme Court · 1809
3Cited by3 opinions
- Pipher v. LodgeSupreme Court of Pennsylvania · 1827
- Porter v. Wilson & KellySupreme Court of Pennsylvania · 1850
- J. I. Case Threshing Mach. Co. v. PedersonSouth Dakota Supreme Court · 1894