Downer v. Dana
Supreme Court of Vermont
Debt upon a jail bond. Plea, non est factum, with notice of special matter of defence, and trial by jury, March Term, 1845,— Hebard, J., presiding.
Read the full summary
Debt upon a jail bond. Plea, non est factum, with notice of special matter of defence, and trial by jury, March Term, 1845,— Hebard, J., presiding. On trial it appeared that the defendant Dana had heretofore been committed to the common jail in Orange county upon execution in favor of the plaintiffs, and that the bond in suit was executed, in common form, upon his being admitted to the liberties of the prison ; and the plaintiffs gave in eyidence a transcript from the records of Orange county court, by which it appeared, that that court, at their December Term, 181-3, appointed a committee “…
1Opinion of the Court
The opinion of the court was delivered by
Davis, J.
The first question which arises is, whether the decision of the county court was right in admitting the defendant to shew the previous declarations of Rutter, with a view to impeach his deposition introduced by the plaintiff, — it appearing, that, at the time of taking the same, no person appeared on behalf of the defendants, although they had due notice, and that consequently the deponent was not interrogated in respect to such declarations.
It is indeed an established rule of practice in this state, that testimony of this kind cannot be…
2Cases cited7 opinions
- Tyler v. WilkinsonU.S. Circuit Court for the District of Rhode Island · 1827
- Dillingham v. SnowMassachusetts Supreme Judicial Court · 1809
- Tucker v. WelshMassachusetts Supreme Judicial Court · 1821
- Barnes v. BarnesSupreme Court of Vermont · 1834
- Panton Turnpike Co. v. BishopSupreme Court of Vermont · 1839
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Lightfoot v. PeopleMichigan Supreme Court · 1868
- Billings v. Metropolitan Life InsuranceSupreme Court of Vermont · 1898
- Comstock's Admr. v. JacobsSupreme Court of Vermont · 1915
- Coplin v. PeopleSupreme Court of Colorado · 1919
- Brown v. GillettWashington Supreme Court · 1903
6 more not listed; retrieve them via the Exa API.