Armstrong v. Griswold
Supreme Court of Vermont
Action on the case, tried at the June Term, 1855, — Pier-point, J., presiding. During the trial, the plaintiff offered in evidence a deposition of William E. Sheldon, which was taken without notice to the defends ant, in February, 1853, but was not opened or filed in the clerk’s office until the day Of trial; also a deposition of Julius E. Sheldon; the original plaintiff in this action, which was taken in March, and filed in the clerk’s office on the 11th of April, 1854,…
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Action on the case, tried at the June Term, 1855, — Pier-point, J., presiding. During the trial, the plaintiff offered in evidence a deposition of William E. Sheldon, which was taken without notice to the defends ant, in February, 1853, but was not opened or filed in the clerk’s office until the day Of trial; also a deposition of Julius E. Sheldon; the original plaintiff in this action, which was taken in March, and filed in the clerk’s office on the 11th of April, 1854, since which time he had deceased. To the admission of each of these deposi-1 tions, the defendant objected, but the same…
1Opinion of the Court
The opinion of the court was delivered, at the' circuit session irl June, by
Redeield, Ch. J.
The objection to the admission of the deposition of William E. Sheldon is, that it was not filed in court thirty days before it was offered in evidence, being taken-ex partes The statute, at the time it was ‘taken, required this. But that sec-1 tion was repealed before the trial. Upon general principles, the deposition being taken properly, and nothing being requisite to make it evidence, but filing in court, thirty days before the time of its being offered in evidence, and there being ample time in…
2Cited by2 opinions
- In re FosterSupreme Court of Vermont · 1872
- Quill v. CarpenterSuperior Court of Delaware · 1939