Barber v. Lyon

This was an action of assumpsit by Lyon

against Barber, commenced before a justice of the peace. The plaintiff’s statement of his demand was an account for several sums of money and various items of goods. The cause was appealed. Yerdict and judgment for the plaintiff.

On the trial in the Circuit Court, the plaintiff offered in evidence the deposition .of a witness taken de bene esse to be used before the justice. An objection was made to the deposition, but it was admitted.

There was evidence tending to prove, that, in the summer of 1842, the plaintiff and defendant made an agreement, that the…