Barron v. Pettes
Supreme Court of Vermont
Trespass on the Case against the defendant, as sheriff of the county of Windsor, for not paying to the plaintiff money collected by one Nichols, a deputy of the defendant, upon an execution in favor of the plaintiff. Judgment was rendered against the defendant by default, and the case came on for the assessment of damages by the jury, — Hebard, J., presiding.
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Trespass on the Case against the defendant, as sheriff of the county of Windsor, for not paying to the plaintiff money collected by one Nichols, a deputy of the defendant, upon an execution in favor of the plaintiff. Judgment was rendered against the defendant by default, and the case came on for the assessment of damages by the jury, — Hebard, J., presiding. The plaintiff offered in evidence the deposition of one Jennings; to the admission of which the defendant objected, for the alleged reasons, that the caption and certificate were informal, that the deposition was improperly taken, that…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The first question in the case is in regard to the admission of the deposition of Roswell Marsh. Saying nothing of other objections to this deposition, the cause of taking, certified by the magistrate, is, “ The deponent being (instead of living) more than thirty miles from the place of trial.” This has always been held fatal; and the defect cannot be supplied by conjecture, or intendment, nor by the body of the deposition; but the fact of residence must be certified by the magistrate. “Being” and “ living,” are words of very different…
2Cases cited1 opinion
- Danforth v. ReynoldsSupreme Court of Vermont · 1828
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