Samuel v. Withers

This was an action of debt upon a note given by the defendants, and one Clarkson, to John Hall, who assigned the samé to Manlius V. Thompson, who assigned the same to plaintiff. Judgment by default went against Bristow, the principal in the note. The general issue was pleaded with notice of special matter.

Upon the trial the defendant offered to read the depositions of Bris-towand Clarkson, in his defence, which was objected to on account of the incompetency of the witnesses, but the objections were overruled and the depositions read. The plaintiff asked the court to give several instructions…