Wright v. Waters
Supreme Court of Pennsylvania
Error to the Common Pleas of Warren county. This was an action of covenant by Sterling Waters against James H. Wright. And the only question in the cause was, as to the admissibility of the deposition of John A. Haney, a witness on behalf of the plaintiff.
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Error to the Common Pleas of Warren county. This was an action of covenant by Sterling Waters against James H. Wright. And the only question in the cause was, as to the admissibility of the deposition of John A. Haney, a witness on behalf of the plaintiff. The rule of court, under which the deposition was taken, provided as follows: — “ Rules to take the depositions of witnesses, out of the county, may be entered by either party, reasonable notice, not less than ten days of the time of taking the depositions, having been given to the opposite party, if he lives in the county, and if without,…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J. —
The certificate is doubtless very imperfect. And it is not without some hesitation that we hold it to furnish sufficient evidence, that the deposition was taken before competent authority. In civil proceedings, the official character of one who acts as a public officer, is presumed from his so acting. On this principle, it is always held, that the certificate of a person that he has received the acknowledgment of a deed, is sufficient, if he styles himself a justice of the peace. Ills assertion of his own official character, in connection…
2Cases cited2 opinions
- Hobbs v. ShumatesSupreme Court of Virginia · 1854
- Thompson v. StewartSupreme Court of Connecticut · 1819