Savage v. Balch
Supreme Judicial Court of Maine
This was an action of trover, against the late sheriff of the county of Washington, for a yoke of oxen which had been taken by Ebenezer Reding, of Calais, bis deputy, and sold, under an execution in his bands against one James Flanders, in favor of Hamilton and Edgely. At the trial before Weston J. it appeared that the oxen once belonged to the plaintiff; and the principal question was whether he had sold them to Flanders.
Read the full summary
This was an action of trover, against the late sheriff of the county of Washington, for a yoke of oxen which had been taken by Ebenezer Reding, of Calais, bis deputy, and sold, under an execution in his bands against one James Flanders, in favor of Hamilton and Edgely. At the trial before Weston J. it appeared that the oxen once belonged to the plaintiff; and the principal question was whether he had sold them to Flanders. To this point the testimony was multifarious; and certain declarations of the plaintiff offered by himself, but objected to, were admitted in evidence, as part of the res…
1Opinion of the Court
Mellen C. J.
delivered the opinion of the Court.
It is contended on the part of the defendant that the deposition of Anderson was improperly admitted, because, having been taken at St. Stephens, in the province of New Brunswick, not under a commission from court, there was no proof that the person before whom it was taken was a magistrate. Our rule requires such proof, where a deposition is taken out of the State, and not under a commission. But the question is whether the circumstances of this *29caso do not justify the admission of the deposition, according to the spirit of the rule, which was…
2Cited by2 opinions
- State v. LeatherwoodNew Mexico Supreme Court · 1920
- Snow v. WeeksSupreme Judicial Court of Maine · 1883