First National Bank of Plattsburg v. Post
Supreme Court of Vermont
Debt on two recognizances. Pleas, the general issue and offset. Trial by jury at the September term, 1891, Franklin county, Tyler, J., presiding. The court directed a verdict, for the defendant.
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Debt on two recognizances. Pleas, the general issue and offset. Trial by jury at the September term, 1891, Franklin county, Tyler, J., presiding. The court directed a verdict, for the defendant. The plaintiff excepts. ■ It appeared that one A. G. Safford, of Washington, D. C., brought two suits in March and April, 1887, against the plaintiff, a corporation located and doing business under the National Banking Act at Plattsburg, in the State of New York, said suits being returnable to the Franklin county court in the State of Vermont. In each of these suits the defendant, Post, was recognized…
1Opinion of the Court
The opinion of the court was delivered by
ROSS, Ch. J.
The deposition of Alfred G. Safford was admitted against the exception of the plaintiff, on the objection that it was within the rule of the court, “No deposition taken ex Jarte without the State shall be used on the trial of any case unless taken at least fifteen days prior to the first day of the term for which it was taken to be used.” The deposition was taken out of the State, without the appearance of the plaintiff, only eleven days prior, to the first dajr of the term for which it was taken to be used. The rule is a rule of the trial…
2Cases cited3 opinions
- Safford v. First National BankSupreme Court of Vermont · 1889
- Colony v. MaeckSupreme Court of Vermont · 1836
- State Treasurer v. WellsSupreme Court of Vermont · 1855
3Cited by5 opinions
- Fitzsimons v. Richardson, Twigg & Co.Supreme Court of Vermont · 1912
- Hayden v. Caledonia National BankSupreme Court of Vermont · 1942
- Domenchini's Administrator v. Hoosac Tunnel & Wilmington RailroadSupreme Court of Vermont · 1916
- Preston v. Russell, Follensby & Co.Supreme Court of Vermont · 1899
- First National Bank v. PostSupreme Court of Vermont · 1894