Gibson v. Gibson
Supreme Court of Pennsylvania
Error to the Common Pleas of Lawrence county. This was an action of debt by John Gibson for use of James McCowan v. Robert M. Gibson, in the Common Pleas to September Term, 1849, on a promissory note under seal, for $50, dated April 22,1839, executed by defendant, and payable one year after date to John Gibson or order. On the trial, a deposition, offered on the part of the plaintiff, was objected to on account of mistake in the notice.
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Error to the Common Pleas of Lawrence county. This was an action of debt by John Gibson for use of James McCowan v. Robert M. Gibson, in the Common Pleas to September Term, 1849, on a promissory note under seal, for $50, dated April 22,1839, executed by defendant, and payable one year after date to John Gibson or order. On the trial, a deposition, offered on the part of the plaintiff, was objected to on account of mistake in the notice. The notice was that depositions would be taken at, &c., in the town of Connellsburg, in Fulton county, Pennsylvania. It was taken in McOonnellshurg, at the…
1Opinion of the Court
The opinion of the Court was delivered by
Black, C. J.
A deposition taken before Anthony Shoemaker, at his office in McConnellsburg, Fulton county, was received in evidence. The caption' shows that it was taken at the very time and place of which the defendant in error was notified, except that the town of McConnellsburg was called Connellsburg in the notice. It is not probable that the party was misled by this error in spelling the name of the town. If he had thought it worth while to cross-examine the witness, he would undoubtedly have been there either in person or by attorney.
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