Bennett v. Williams
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Susquehanna county: No. 54, to July Term 1867. This was an action commenced before a justice of the peace by John Williams against Charles PI. Bennett. The plaintiff appealed from the judgment of the justice and filed his appeal in the Court of Common Pleas, October 26th 1864. The plaintiff entered a rule to take the depositions of witnesses.
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Error to the Court of Common Pleas of Susquehanna county: No. 54, to July Term 1867. This was an action commenced before a justice of the peace by John Williams against Charles PI. Bennett. The plaintiff appealed from the judgment of the justice and filed his appeal in the Court of Common Pleas, October 26th 1864. The plaintiff entered a rule to take the depositions of witnesses. A rule of court in Susquehanna county requires that all depositions taken under the rule shall be filed within a reasonable time in the prothonotary’s office. On the trial, the defendant moved “ for an order upon the…
1Opinion of the Court
The opinion of the court was delivered, by
Read, J.
All depositions of witnesses under a rule of court to be irsed in evidence on the trial of the cause, like the depositions of witnesses taken under a commission, must be filed with the prothonotary, and in the present case the rule of court expressly directs that all depositions so taken shall be filed within a reasonable time in the prothonotary’s or clerk’s office.
The court were therefore in error in refusing to order the plaintiff to produce the deposition of the defendant taken under a rule of court and not then filed by him. The court…
2Cases cited1 opinion
- Calhoun v. HaysSupreme Court of Pennsylvania · 1844
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