Smith v. Woods
Supreme Court of Vermont
This action was tried in the county court, and the plaintiff oh-’ tained a verdict. The defendant filed exceptions to the decisions of the court, upon which the action was brought up to this court.
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This action was tried in the county court, and the plaintiff oh-’ tained a verdict. The defendant filed exceptions to the decisions of the court, upon which the action was brought up to this court. These exceptions give a full history of the case, and were as follow : “ This was an action oí account against the defendant as bailiff and receiver ol certain notes, signed by Andy L. Smith, and by said Andy and another person, as his bail ; and of certain monies received by the defendant upon said notes. Plea, that the defendant was not bailiff and receiver to the plaintiff. On the trial of the…
1Opinion of the Court
Hutchinson, C. J.,
pronounced the opinion of the Court. — • We will first dispose of the objecton to the deposition of Goodall. This deposition was taken without notice to the opposite party, and taken to be used at June term ; and was filed with the clerk, but not so many as thirty days previous to said term. The action layover from June to December term,and this deposition remained on file; it was then admitted to be read,though objected toby the defendant. This filing of the deposition is not at all within the statute in reference to the June term of the court. It was not within the letter…
2Cited by3 opinions
- Closson v. MeansSupreme Judicial Court of Maine · 1885
- Clark v. BrownSupreme Court of Vermont · 1843
- Smith v. WoodsSupreme Court of Vermont · 1832