Legal Opinion
Lessee of Porter v. Johnston
Supreme Court of Pennsylvania
Decided May 15, 1796PublishedCited by 1 opinion
The deposition of Samuel Anderson, taken in pursuance of a rule of court was offered in evidence by the pjaintiff; but the defendant’s counsel insisted, that the ten days’ notice required by the rule, should be proved to have been given to the defendant.
1Opinion of the Court
By the court.
It appears that the defendant attended before the justice and cross examined the witness. The disposition under such circumstances, may be read in evidence without proof of any notice under the rule. Like the appearance of the party on mesne process, it salves every error. 1 Stra. 156, 261. Annal. 240, 242, 369. 3 Wils. 141. Let the deposition be read.
Verdict for the defendant.
2Cited by1 opinion
- Plumer v. AlexanderSupreme Court of Pennsylvania · 1849