Sharp v. Lockwood
Supreme Court of Connecticut
This was an action of trespass de bonis asportaiis ; tried at Fairfield, April term, 1837, before Williams, Ch. J. The defendant claimed to have taken the goods mentioned in the declaration, as deputy sheriff, by virtue of a writ of attachment in favour of John C. Morrison against Sharp dp Whitcomb; and the principal question, on the trial, was, whether the goods were the property of the plaintiff, or of Sharp Whitcomb.
Read the full summary
This was an action of trespass de bonis asportaiis ; tried at Fairfield, April term, 1837, before Williams, Ch. J. The defendant claimed to have taken the goods mentioned in the declaration, as deputy sheriff, by virtue of a writ of attachment in favour of John C. Morrison against Sharp dp Whitcomb; and the principal question, on the trial, was, whether the goods were the property of the plaintiff, or of Sharp Whitcomb. In support of the plaintiff’s claim, he offered the deposition of George Sharp, one of the firm of Sharp 4" Whitcomb. The defendant objected to its admission in evidence, on…
1Opinion of the CourtWaite, J.
On the trial of this cause, the plaintiff offered in evidence the deposition of George Sharp, which the court be*158low rejected, upon the ground that reasonable notice had not _been given of the time of taking it.
The statute -of this state, authorizes the taking of depositions, in certain cases, “ provided reasonable notice shall be given to the adverse party, or his known agent or attorney, if either of them live within twenty miles of the place of caption, or left at his usual place of abode, to be present at the time of taking such deposition.” Stat. 47. tit. 2. c. 1. s. 44.
From the motion,…
2Cases cited1 opinion
- Doddridge v. ThompsonSupreme Court of the United States · 1824
3Cited by5 opinions
- Nolan v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1898
- Phelps v. HuntSupreme Court of Connecticut · 1873
- Flint v. ClarkSupreme Court of Connecticut · 1839
- McPhelemy v. McPhelemySupreme Court of Connecticut · 1905
- Sing Cheong Co. v. Yung WingSupreme Court of Connecticut · 1890