Allen v. Rand
Supreme Court of Connecticut
This was an action of trespass, tried at Middletown, February term, 1823, before Hosmer, Ch. J. To prove a material fact, the defendants offered in evidence the deposition of Mary Trowbridge ; to the admission of which the plaintiffs objected, on the ground, that it was written by the agent of the defendants, or of one of them. The circumstances were these.
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This was an action of trespass, tried at Middletown, February term, 1823, before Hosmer, Ch. J. To prove a material fact, the defendants offered in evidence the deposition of Mary Trowbridge ; to the admission of which the plaintiffs objected, on the ground, that it was written by the agent of the defendants, or of one of them. The circumstances were these. On Monday previous to the taking of the deposition, the parties met at the house where Mrs. Trowbridge resided, with the magistrate who ultimately took the deposition. He attempted then to take it ; but after writing a few lines, Mrs.…
1Opinion of the Court
Hosmer, Ch. J.
The only question raised in this case, is, whether the deposition of Mrs. Trowbridge was legally rejected. By statute it is enacted, (p. 47.) that “ the party, his attorney, or any person interested, shall not write, draw up or dictate any deposition ;" and that every such deposition, shall be rejected by the court. Whether the deposition of Mrs. Trowbridge was taken under the above law, or while the preceding statute was in force, does not appear from the motion ; but this is perfectly immaterial, as the law now existing is precisely similar to the former, not in words, but in…
2Cited by2 opinions
- Dodd v. NorthropSupreme Court of Connecticut · 1870
- Glanton v. GriggsSupreme Court of Georgia · 1848