Swift v. Cobb

The facts in this case sufficiently appear in the opinion of the court, delivered by

Collamer, J.

This was an action of ejectment. Orfthe trial, the county court rejected a deposition, on the objection of the defendants, in the caption of which it was certified to be taken to be used in a cause against Lyman Cobb and others, not naming them. This is an action of tort, in which judgment may be against any one of the defendants ; therefore, each is entitled to notice, or it must appear that all the the defendants resided more than thirty miles from the place of caption. Most obviously, then, the…