Gass v. Stinson
U.S. Circuit Court for the District of Massachusetts
[This was a bill in equity by Joseph Gass against Abner P. Stinson, for an injunction to stay proceedings, and for other relief.
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[This was a bill in equity by Joseph Gass against Abner P. Stinson, for an injunction to stay proceedings, and for other relief. See Cases Nos. 5,260 and 5,261.] At this term the master made his report, as follows; “The state of accounts between the defendant as warden of the state prison in New Hampshire, and Noah James, as his agent, constituted January 27, 1831, for the sale of stone consigned to him, as they existed April 30, 1S32, appears in a schedule marked ‘A,’ which accompanies this report, and is signed by the master. (This is omitted here.) In this account said James is charged…
1Opinion of the Court
STORY, Circuit Justice.
The first exception is to the admissibility of the deposition of Noah James in the case, he having died before any cross-interogatories were propounded to or answered by him. The general rule at law seems to be, that no evidence shall be admitted, but what is or might be under the examination of both parties. So the doctrine was laid down by Lord Ellen-borough in Cazenove v. Vaughan, 1 Maule & S. 4, 6, and his lordship on that occasion added, “And it is agreoable to common sense, that what is imperfect, and, if I may so say, but half an examination, shall not be used in…
2Cases cited1 opinion
- Pattison v. HullCourt Of Oyer And Terminer New York · 1828
3Cited by10 opinions
- Allen v. CulverNew York Supreme Court · 1846
- M'Cleskey v. LeadbetterSupreme Court of Georgia · 1846
- Cushman v. SnowMassachusetts Supreme Judicial Court · 1904
- Norris v. BeatyWest Virginia Supreme Court · 1873
- Milliken v. TuftsSupreme Judicial Court of Maine · 1850
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