Jeter v. Taliaferro, Stuart, & Co.
Supreme Court of Virginia
Taliaferro, Stuart, & Co. brought their action of assumpsit uPon an account for goods, &c. sold and delivered to Henry Jeter.
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Taliaferro, Stuart, & Co. brought their action of assumpsit uPon an account for goods, &c. sold and delivered to Henry Jeter. At the trial of the cause on the plea of non assumpsitt the plaintiffs offered to read the deposition of Humphrey ^tuart’ “taken in the'town of Lynchburg, at 'the house of Seth Ward, on the 9th day of September, 1809, between the hours of sunrise and sunset of the same day; — to which the defendant objected, and for ‘the grounds of his objection, proved to the Court that, on the 9th clay of September, 1809, be was at Lynchburg between the hours of twelve and two…
1Opinion of the Court
the president pronounced the Court’s opinion, that the judgment of the County Court was erroneous in this, that the deposition of Humphrey Stuart was allowed to go in evidence to the jury, when the defendant, now plaintiff', who attended at Lynchburg the day the same was taken, was not allowed to cross-examine the said witness.
Both judgments reversed, and the cause remanded to the said Superior Court of Law, and from thence to the County Court for a new trial to be had therein, on which trial the deposition aforesaid is not to be read in evidence to the jury.
2Cited by5 opinions
- Steptoe v. ReadSupreme Court of Virginia · 1868
- Collins v. Lowry & Co.Court of Appeals of Virginia · 1795
- Field v. BrownSupreme Court of Virginia · 1873
- Steptoe v. ReadSupreme Court of Virginia · 1868
- Steptoe v. ReadSupreme Court of Virginia · 1868