Armstrong v. Burrows
Supreme Court of Pennsylvania
ERROR to the common pleas of Lycoming county. This was an action of debt upon a note, dated the 24th of May 1832, for the payment of 833 dollars 44 cents, one year after date, by Burrows and Bryson & Co., against George S. Armstrong and John Rankin. During the progress of the trial, the plaintiffs offered in evidence, the deposition of Tunison Coryell.
Read the full summary
ERROR to the common pleas of Lycoming county. This was an action of debt upon a note, dated the 24th of May 1832, for the payment of 833 dollars 44 cents, one year after date, by Burrows and Bryson & Co., against George S. Armstrong and John Rankin. During the progress of the trial, the plaintiffs offered in evidence, the deposition of Tunison Coryell. The defendants objected to it, on the ground, among others, that the witness had not been sworn by the justice until after the deposition had been reduced to writing. It appeared the parties were present before the justice, and cross-examined…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Testimony by deposition is a substitute for testimony by oral examination; and there can be no pretence why it should not be given at an examination pursuant to a rule, as it would be given at the trial. To let'an unsworn witness tell his story to the jury first, and swear him to the truth of it afterwards, would be undoubted error;' and why would it not be so to pursue the same course before an examiner? In every indictment of perjury, there is an averment that the defendant was first sworn; and on every commission or letter of…
2Cited by7 opinions
- Beach v. O'RileyWest Virginia Supreme Court · 1878
- Sayres v. StateSupreme Court of Alabama · 1857
- Arthur v. RobertsNew York Supreme Court · 1871
- Dresler v. . HardNew York Court of Appeals · 1891
- Fenderson v. OwenSupreme Judicial Court of Maine · 1867
2 more not listed; retrieve them via the Exa API.