In re Foster
Supreme Court of Vermont
Habeas Corpus. The relator brought his action of slander against G-. P. Spaulding, and the writ was served on the 8th day of September, 1871. On the 11th day of said September, Spauld-ing caused a citation to be served on Foster to attend on the 14th of September to the taking of his (Foster’s) deposition, to be used in said cause, and Foster was duly summoned as a witness, and his fees as a witness were duly tendered.
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Habeas Corpus. The relator brought his action of slander against G-. P. Spaulding, and the writ was served on the 8th day of September, 1871. On the 11th day of said September, Spauld-ing caused a citation to be served on Foster to attend on the 14th of September to the taking of his (Foster’s) deposition, to be used in said cause, and Foster was duly summoned as a witness, and his fees as a witness were duly tendered. Foster appeared before the magistrate, Hugh Henry, in pursuance of the citation and summons, and the taking of his deposition proceeded on different days fixed by the agreement…
1Opinion of the Court
Barrett, J,
On the hearing, as touching the lawfulness of the proceeding to take the deposition, it was made a point that Foster did not reside thirty miles from the court-house, the place of trial, and evidence was introduced on the subject. In respect to this the court find that, by the highway of usual travel between the residence of Foster in Chester, and the court-house in Woodstock, the distance is a little more than thirty miles; that there is another road which can be traveled from his residence for some five or six miles, to its intersection with the highway first named, by which the…
2Cases cited1 opinion
- Armstrong v. GriswoldSupreme Court of Vermont · 1856
3Cited by6 opinions
- Osborn & Noakes v. PeopleSupreme Court of Colorado · 1927
- Hill v. Thomas B. Jeffery Co.Illinois Supreme Court · 1920
- Finn v. Winneshiek District CourtSupreme Court of Iowa · 1909
- Jennings v. MenaughU.S. Circuit Court for the District of Indiana · 1902
- Quill v. CarpenterSuperior Court of Delaware · 1939
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