Dumont v. McCracken

Assumpsit upon the money counts and for interest in arrear. Pleas, the general issue, and four, special pleas. To the third plea there was a demurrer, which was correctly sustained. The other pleas led to issues of fact. Verdict and judgment for the plaintiff below.

Before the trial commenced, the defendant moved the Court to suppress the deposition of Gustavus Swan, which had been filed by the plaintiff. The motion was overruled, and the deposition read to the jury. It was taken by a justice of the peace pursuant to a dedimus directed “to any justice of the peace, or notary public,” &c, The…