Morss v. Palmer
Supreme Court of Pennsylvania
Error, to the Common Pleas of Luzerne county. These were actions of trespass, by George L. Morss and D. F. Morss, partners, &c., the one against Gideon W. Palmer, the other against Benjamin Ayres.
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Error, to the Common Pleas of Luzerne county. These were actions of trespass, by George L. Morss and D. F. Morss, partners, &c., the one against Gideon W. Palmer, the other against Benjamin Ayres. The cases were tried before Jessup, J. The two cases were brought for the same trespass—by an agreement filed, the evidence given in the first case was considered as given in -the second case, and was submitted to, and decided by the same jury, subject to all exceptions taken in the first case. The two cases are therefore to be considered as tried before the same jury. The plaintiffs brought these…
1Opinion of the Court
The opinion of the court was delivered, by
Rogers, J.
The first exception is, that the justice must certify, at the foot of each deposition, that the witness was sworn and subscribed the deposition taken before him. The exception was abandoned, on the argument, and properly, as the deposition and subscription are sufficiently identified by the general caption and certificate of the justice. He is not required to certify at the conclusion of each deposition.
It is not necessary that the deposition taken under a commission should be subscribed by the witness. It is enough if it appear in the body…
2Cited by6 opinions
- Commonwealth v. GainesSuperior Court of Pennsylvania · 1950
- Commonwealth v. WilliamsSuperior Court of Pennsylvania · 1909
- Petition for Naturalization of FerroDistrict Court, M.D. Pennsylvania · 1956
- Lambert v. Security Mutual Fire InsuranceSuperior Court of Pennsylvania · 1915
- Commonwealth v. CornellySuperior Court of Pennsylvania · 1898
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