Doe ex dem. Sergeant v. Adams
Supreme Court of Vermont
EJECTMENT. In the trial of the issue to the Jury. offered to read the deposition of Lemuel Sergeant, which had been used in a former trial of this cause in this Court. objected to the deposition being now read, stating that the deponent, was personally in Court. Buck insisted that the deposition should be read, and observed, that the deponent, when the deposition was taken, was beyond the process of the Court.
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EJECTMENT. In the trial of the issue to the Jury. offered to read the deposition of Lemuel Sergeant, which had been used in a former trial of this cause in this Court. objected to the deposition being now read, stating that the deponent, was personally in Court. Buck insisted that the deposition should be read, and observed, that the deponent, when the deposition was taken, was beyond the process of the Court. His client had failed in repeated endeavours to persuade him to appear personally in Court, That, he was now brought by the plaintiff upon an insidious design to compel his client, the…
1Opinion of the Court
Sed per Curiam.
If the deponent is in Court, his deposition cannot be read. Let the witness be sworn.
2Cited by3 opinions
- Lanza v. LeGrand Quarry Co.Supreme Court of Iowa · 1904
- Hammock v. Wm. J.Supreme Court of Georgia · 1849
- Hayward v. BarronSupreme Court of New Hampshire · 1859