Pendell v. . Coon
New York Court of Appeals
Appeal from the Supreme Court. Upon the trial at the Herkimer Circuit before Mr. Justice Pratt, the defendant offered in evidence the deposition of one Wilson taken under a commission. The plaintiff objected to its reception on the ground that the return or certificate of the commissioner was on a separate piece of paper attached to the commission, -and not on the commission itself.
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Appeal from the Supreme Court. Upon the trial at the Herkimer Circuit before Mr. Justice Pratt, the defendant offered in evidence the deposition of one Wilson taken under a commission. The plaintiff objected to its reception on the ground that the return or certificate of the commissioner was on a separate piece of paper attached to the commission, -and not on the commission itself. The Case states that “ on examination of the papers it appeared that the deposition was taken on separate sheets of paper; that the last sheet was so nearly filled as not to leave room for the return of the…
1Opinion of the CourtGrover, J.
The exception to the rejection of the deposition of Wilson presents a question of frequent occurrence upon the trial of causes, upon which the decisions of the Supreme Court have not been uniform. The statute (2 R. S., 399, § 24), provides, that the commissioners shall subscribe their names to each sheet of the depositions taken by them; they shall annex all the depositions and exhibits to the commission, upon which their return shall be indorsed. It is insisted that the true construction of the above clause requires the return to be indorsed upon the commission itself, and that unless so…
2Cases cited1 opinion
- Hall v. BartonNew York Supreme Court · 1857
3Cited by1 opinion
- Cook v. BellMichigan Supreme Court · 1869