Winooskie Turnpike Co. v. Ridley
Supreme Court of Vermont
This was an action of trespass for burning tbe plaintiff’s bridge .over Onion River at Waterbury. In the .county court, tbe defendant, in support of the issue on his part, offered the deposition of Dan Corss, taken at Waterbury on the 24th day of March, 1835, before Wm. W. Wells, Esq., justice of the peace within and for said county of Washington.
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This was an action of trespass for burning tbe plaintiff’s bridge .over Onion River at Waterbury. In the .county court, tbe defendant, in support of the issue on his part, offered the deposition of Dan Corss, taken at Waterbury on the 24th day of March, 1835, before Wm. W. Wells, Esq., justice of the peace within and for said county of Washington. The-plaintiffs objected to the admission of said deposition, upon the ground that it had been altered by tbe justice, after it was taken., read over to the said Dan Corss, and sworn to by him, and after he had left Waterbury without the knowledge or…
1Opinion of the Court
The opinion of the court was delivered by
Phelps, J.
The deposition of ,D. Corss was offered in the county court, and objected to, upon the grounnd that it had been altered by the magistrate taking the same, after it had been signed and sworn to, and without the knowledge or assent of the deponent, bv erasing the word ‘on’ and inserting the word ‘at.’ This objection, although well-founded in fact, was overruled by that court, and the deposition admitted. To this decision the plaintiffs excepted.
Depositions are a species of evidence in suits at law altogether unknown to the common law. They are…
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- Hayward v. BarronSupreme Court of New Hampshire · 1859
- Chase v. BreedMassachusetts Supreme Judicial Court · 1855