Foye v. Leighton
Superior Court of New Hampshire
Assumpsit, upon an account annexed, for labor and services. Tbe defendants severally pleaded tbe general issue. To prove that tbe defendants were jointly interested in tbe business of making bricks in tbe brick-yard in wbicb tbe plaintiff labored, tbe plaintiff offered evidence tending to prove that tbe groceries used at tbe bouse where tbe defendants and tbe persons in tbeir employment boarded, were obtained at tbe store of one Clark, sometimes by one of tbe defendants and…
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Assumpsit, upon an account annexed, for labor and services. Tbe defendants severally pleaded tbe general issue. To prove that tbe defendants were jointly interested in tbe business of making bricks in tbe brick-yard in wbicb tbe plaintiff labored, tbe plaintiff offered evidence tending to prove that tbe groceries used at tbe bouse where tbe defendants and tbe persons in tbeir employment boarded, were obtained at tbe store of one Clark, sometimes by one of tbe defendants and sometimes by tbe other, and that tbe articles so obtained were charged to Leighton and Winkley, to tbeir knowledge, and…
1Opinion of the CourtWoods, J.
The objection taken to the deposition of Stephen Leighton cannot be sustained. The objection is to the manner in which the testimony was taken. By the 22d rule of court, testimony, contained in depositions, to be used either in courts of common law, or chancery, is to be taken upon written interrogatories, proposed at the time, by the counsel, and administered by the magistrate; and “ the interrogatories, as well as the answers thereto, must appear in the deposition, and the answers must follow each interrogatory as it is administered.” Such is the. method of taking depositions prescribed by…
2Cases cited3 opinions
- Life & Fire Insurance v. Mechanic Fire InsuranceNew York Supreme Court · 1831
- Gear v. SmithSuperior Court of New Hampshire · 1837
- Farnsworth v. BriggsSuperior Court of New Hampshire · 1834