Lynch v. Thomas
Supreme Court of Virginia
Detinue for four slaves, brought in May 1819, by Thomas against Lynch, in the circuit court of Henrico. Declaration in the usual form. Plea, the general issue. At the trial, Lynch filed two bills of exceptions to opinions of the court. 1. The plaintiff offered in evidence, the deposition of one Wilson, which had been taken under a commission, de bene esse.
Read the full summary
Detinue for four slaves, brought in May 1819, by Thomas against Lynch, in the circuit court of Henrico. Declaration in the usual form. Plea, the general issue. At the trial, Lynch filed two bills of exceptions to opinions of the court. 1. The plaintiff offered in evidence, the deposition of one Wilson, which had been taken under a commission, de bene esse. The notice, on which the deposition was taken, informed the defendant, that it would be taken at &c. on the 16th April 1824, between the hours of nine in the morning and sunset of that day, and if that should not be a fair day, or the…
1Opinion of the CourtCarr, J.
The first question is, as to the admission of Wilson’s deposition taken de bene esse. It was contended, 1. that no subpoena having been served on the witness, this was an absolute and peremptory objection to reading the deposition, and disabled the party from going into evidence, to prove that the witness was unable to attend; and if not, 2. that he failed in his proof of the inability of the witness to attend, and therefore could not read the deposition. I consider the first position as contrary both to the reason and the law of the case. In jury trials, the general rule is, that the…
2Cases cited3 opinions
- Yesler v. City of SeattleWashington Supreme Court · 1890
- Barrett & Co v. TazewellCourt of Appeals of Virginia · 1798
- Butts v. BluntSupreme Court of Virginia · 1822