Wallace v. Mease
Supreme Court of Pennsylvania
Appeal from the decision of the Circuit Court of Dauphin county. The cause was tried before Bracrenridge, Justice, at Harrisburgh, on the 24th October 1806, and a verdict given for the plaintiff for $150 in an action of slander.
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Appeal from the decision of the Circuit Court of Dauphin county. The cause was tried before Bracrenridge, Justice, at Harrisburgh, on the 24th October 1806, and a verdict given for the plaintiff for $150 in an action of slander. A motion for a new trial was made, but the same was overruled. now urged several grounds for awarding a new trial; and among others, that the deposition of Susannah Wray had been read in evidence on the trial on the part of the plaintiff, though opposed by the defendant. Her absence was not accounted for, though it was admitted, that she *was in full life and resided…
1Opinion of the CourtTilghman, C. J.
The deportment of a witness on a personal examination conduces greatly to the development of the truth. His manner of answering questions, frequently shews his indifference or bias towards the parties. Hence it is, that the common law prefers viva voce testimony to depositions. The 45th rule regulating the practice of the Circuit Court is general in its terms, and extends to depositions taken on a cross examination, as well as those ex parte. They are not to be admitted, if the witnesses qre resident "within the state, and within 40 miles of *521the place of trial, unless duly subpoenaed, or it…
2Cited by3 opinions
- Mifflin v. BinghamSupreme Court of the United States · 1788
- Chase v. BreedMassachusetts Supreme Judicial Court · 1855
- Nace v. Neff College of OratorySuperior Court of Pennsylvania · 1911