Goodhue v. Grant
Wisconsin Supreme Court
EEEOE to the District Court for Green County. The deposition of Bennett, which was rejected as evidence, was taken in the presence of the attorneys for the parties, and cross interrogatories were put, and the caption of the deposition stated that the witness was “produced and sworn,” and that “on his oath he deposes and answers the several interrogatories propounded to him as follows.”
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EEEOE to the District Court for Green County. The deposition of Bennett, which was rejected as evidence, was taken in the presence of the attorneys for the parties, and cross interrogatories were put, and the caption of the deposition stated that the witness was “produced and sworn,” and that “on his oath he deposes and answers the several interrogatories propounded to him as follows.” The certificate of the justice did not state any thing as to the swearing of the witness or reading the deposition, and in all other respects, the case is fully stated in the opinion of the court.
1Opinion of the CourtMiller, J.
The plaintiffs in error were defendants in the district court of Green county.
Upon the trial the defendants offered in evidence the deposition of Michael Bennett, which was objected to by plaintiffs, on the ground that the justice’s certificate does not set forth that the deposition was carefuEy read to witness by the justice, or that he read it himself before signing, which said offer was overruled by the court. This is the first error assigned.
By the act concerning testimony and depositions, it is required that the justice shaE annex to the deposition a certificate of the time and manner of…
2Cases cited3 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- United States v. SmithU.S. Circuit Court for the District of Connecticut · 1809
- Pettibone v. DerringerU.S. Circuit Court for the District of Pennsylvania · 1818
3Cited by1 opinion
- Atchison, Topeka & Santa Fe Railroad v. PearsonCourt of Appeals of Kansas · 1897