Flanagin v. Leibert
Philadelphia Court of Nisi Prius
On the trial of this cause, plaintiffs called a witness, who did not appear. Proof was then given that he resided at Mount Holly, in the state of New Jersey, and had not been seen in Philadelphia at any recent time.
1Opinion of the CourtKennedy, J.
— Admitted the notes to be read in evidence, remarking that it was not to be expected that the notes of testimony taken by counsel, should contain every word which witnesses might make use of. If they contained substantially what was said, that was sufficient. In this case the witness could not be compelled to attend, and counsel might read his notes, subject to correction by the other side.*
It is a rule of law, that what a deceased witness swore at a former trial, may be given in evidence at a subsequent trial of the same point between the same parties. Lightner v. Wike, 4 S. & R. 205; Moore…
2Cases cited1 opinion
- Moore v. PearsonSupreme Court of Pennsylvania · 1843