Clark v. Brown
Supreme Court of Vermont
Trover, for a horse. Plea, the general issue, and notice of special matter. The plaintiff in support of the issue, on his part, and to prove his title to the horse, offered the deposition of Jedediah S. Clark, which was objected to, because the time of holding the court when the cause was to be tried was not stated in the caption of the deposition, it being therein stated to have been taken “ to be used in a cause to be heard and tried before the honorable county court, next…
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Trover, for a horse. Plea, the general issue, and notice of special matter. The plaintiff in support of the issue, on his part, and to prove his title to the horse, offered the deposition of Jedediah S. Clark, which was objected to, because the time of holding the court when the cause was to be tried was not stated in the caption of the deposition, it being therein stated to have been taken “ to be used in a cause to be heard and tried before the honorable county court, next to be holden,” &c,; and because a term of the court intervened between the taking and filing of the same in the office…
1Opinion of the Court
*660The opinion of the court was delivered by
Williams, Ch. J.
The only question presented by the bill of exceptions is, whether the county court erred in admitting the deposition of Jedediah S. Clark, which appears to have contained material testimony.
The deposition appears to have been taken for the reasons, and in the manner, provided by the statute. And there is no essential departure, if any, from the form given. In the form prescribed by the statute, the style of the court, and the time and place of session, are to be inserted. The style of the court is here inserted, i. e. “ the county…
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- Chandler v. SpearSupreme Court of Vermont · 1850