Lewis v. Morse
Supreme Court of Connecticut
was an action of trespass for taking and carrying away a certain ox-wagon. The cause was tried before the superior court for the county of Hartford, at the January term, 1850. Upon the trial to the jury, the plaintiff offered in evidence the deposition of one Hart.
Read the full summary
was an action of trespass for taking and carrying away a certain ox-wagon. The cause was tried before the superior court for the county of Hartford, at the January term, 1850. Upon the trial to the jury, the plaintiff offered in evidence the deposition of one Hart. The certificate of the magis- trate annexed to the deposition, stated, that Hart personally appeared, was examined, cautioned, and sworn agreeable to law, to the foregoing deposition, taken, &c., but did not state, that the deponent signed the deposition. The deposition, however, upon its face, purported to have been signed by the…
1Opinion of the CourtWaite, J.
The objection to the admission of the deposition, is, that the certificate of the magistrate, does not state, that the deponent signed the deposition. That, in our opinion, is not required by the statute. Certain matters, however, must be embraced in the certificate. It must state, that the deponent was sworn, the reason for taking the deposition, and whether the adverse party, or his agent, was present. These facts would not otherwise appear.
But the signature of the deponent is a fact apparent from inspection; and it can hardly be supposed, in the absence of *216express words to that effect,…
2Cited by7 opinions
- Woodman v. PitmanSupreme Judicial Court of Maine · 1887
- Kuzemka v. GregorySupreme Court of Connecticut · 1929
- Ralph N. Blakeslee Co. v. RigoSupreme Court of Connecticut · 1920
- Samuels v. Superior CourtCalifornia Court of Appeal · 1969
- Uhl v. MaioranoSupreme Court of Connecticut · 1921
2 more not listed; retrieve them via the Exa API.