Commissioners of Berks County v. Ross
Supreme Court of Pennsylvania
taken ^before £ taivcn uexore a person who is actually a jus. tice of the hels'noUo descl'_‘bed in the writing,is good, a magistrate can,i°t devest himself of Ins judicial capacity to adnynisier an oath, while his commission *? iní°rce¡ and therefore whenever he ofS^tshalfbe taken to have *one Notice ofan ;'lccüll¡lt°r debt intended to be defalked is not necessary where the defalcation has ^ecn. Pje:u|y^ applies only thedefendanT the general issue.
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taken ^before £ taivcn uexore a person who is actually a jus. tice of the hels'noUo descl'_‘bed in the writing,is good, a magistrate can,i°t devest himself of Ins judicial capacity to adnynisier an oath, while his commission *? iní°rce¡ and therefore whenever he ofS^tshalfbe taken to have *one Notice ofan ;'lccüll¡lt°r debt intended to be defalked is not necessary where the defalcation has ^ecn. Pje:u|y^ applies only thedefendanT the general issue. Where an ac-they are satisfied with the proof of its execution T TPON an appeal from the decision of Brackenridge J. a i 11............. ■ •…
1Opinion of the Court
Tilghman C. J.
This action was brought on a bond of the defendant to Obadiah Osburn, dated 8th November 1802, and assigned by Osburn to the plaintiffs 22d June 1804.
On the trial in the Circuit Court, the deposition of Obadiah Underwood was produced as evidence on behalf of the defendant, and admitted by the court, although objected to by the counsel for the plaintiffs. Whether it was legal evidence is the question.
Two reasons have been urged in support of the objection to the evidence. 1. That the person before whom the deposition was taken, does not style himself a justice of the peace, 2.…
2Cited by8 opinions
- M'Corkle v. BinnsSupreme Court of Pennsylvania · 1812
- Angier v. SchieffelinSupreme Court of Pennsylvania · 1872
- Bennet v. PaineSupreme Court of Pennsylvania · 1838
- Donohoo's Lessee v. Brannons.Tennessee Superior Court for Law and Equity · 1808
- Hays v. HaysSupreme Court of Pennsylvania · 1847
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