Wright v. Stuart

Stuart sued Wright before a justice of the peace and obtained a judgment. The defendant appealed. Verdict and judgment in the Circuit Court for the plaintiff.

Two of the defendant’s depositions were suppressed, previously to the trial, on the plaintiff’s motion ; and a challenge, made by the defendant to the array, was overruled. The record shows no error in the suppression of the depositions. It does not appear that any notice of the taking of them was given to the plaintiff; and we must presume, in favour of the judgment, that none was given. The want of such a notice was a good ground for…