Legal Opinion

Dennison v. Fairchild

Supreme Court of Pennsylvania

Decided July 15, 1838Published

ERROR to the common pleas of Susquehanna county. Mason Dennison against Abel Fairchild. The only question in this case was, as to the admissibility of the depositions of Ephraim Fair-child and Mary Fairchild under the circumstances stated in the opinion of the court.

1Opinion of the Court

The opinion of the Court was delivered by

Huston, J.

There had been a rule to take depositions to be read at the trial of the cause in case of the witness being dead, removed, or unable to attend at the trial.

Such a rule is entered of course in any court of common pleas in this state, though in most of the judicial districts the length of time of giving notice before taking the deposition is regulated by a rule of court. And in some districts there is a rule that if the witness resides beyond a certain distance from the court house, no subpoena need issue. There does not appear to have been any…

2Cases cited1 opinion

  1. Vincent v. Lessee of HuffSupreme Court of Pennsylvania · 1822

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