Legal Opinion

Crane v. Thayer

Supreme Court of Vermont

Decided January 15, 1846PublishedCited by 10 opinions

Assumpsit, to recover the price of certain property alleged to have been sold by the plaintiff to the defendant. Plea, the general issue, and trial by jury, — Royce, J., presiding.

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Assumpsit, to recover the price of certain property alleged to have been sold by the plaintiff to the defendant. Plea, the general issue, and trial by jury, — Royce, J., presiding. On trial the plaintiff offered in evidence the depositions of Caroline Butler and Ann Maria Appley, purporting to have been taken and certified by a justice of the peace in the State of Illinois, and having appended to them a certificate by the clerk of the county court, for the county in which they were taken, under the seal of the court, that the person taking them was an acting justice of the peace, duly…

1Opinion of the Court

*168The opinion of the court was delivered by

Kellogg, J.

The depositions of Caroline Butler and Ann Maria Appley were properly admitted in evidence to the jury. They appear to have been taken in the state of Illinois, by a justice of the peace of that state, whose official capacity is duly shown by the certificate of the clerk of the court for the same county, to which is affixed the seal of the court. But we attach no importance to the fact, that the depositions were accompanied by the seal of the court and the clerk’s certificate, inasmuch as it is now the settled practice in this state, to…

2Cases cited2 opinions

  1. Spears v. ForrestSupreme Court of Vermont · 1843
  2. Jasper v. PorterU.S. Circuit Court for the District of Michigan · 1841

3Cited by10 opinions

  1. Kennedy v. UpshawTexas Supreme Court · 1886
  2. State v. StimpsonSupreme Court of Vermont · 1905
  3. Fenner v. CommonwealthSupreme Court of Virginia · 1929
  4. State v. FournierSupreme Court of Vermont · 1896
  5. Hooker, Corser & Mitchell Co. v. HookerSupreme Court of Vermont · 1914

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