Brown v. A Raft of Poplar & Oak Timber
Ohio Superior Court, Cincinnati
It appeared from the bill of exceptions, that on the trial of the case at the special term before Spencer, J. defendant’s counsel offered in evidence the deposition of Henry Yenne, who was one of the owners of the raft, to the admission of which the plaintiff objected.
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It appeared from the bill of exceptions, that on the trial of the case at the special term before Spencer, J. defendant’s counsel offered in evidence the deposition of Henry Yenne, who was one of the owners of the raft, to the admission of which the plaintiff objected. The notice under which this deposition and others were taken, had been given in the usual form, without naming the witnesses to be examined.' Among other witnesses called in the course of the taking of the depositions, was Yenne, an owner of the raft. No objection was made, or noted, at the time. The plaintiff and his attorney…
1Opinion of the CourtGholson, J.
The objection to the reading of the deposition, is founded on section 313 of The Code of Civil Procedure. Section 310 provides that “no person shall be disqualified as a witness, in any civil action or proceeding, by reason of his interest in the event of the same, as a party, or otherwise, or by reason, of his conviction of a crime; but, such interest or conviction may be shown for the purpose of affecting his credibility.”. Section 313 provides that “ no party shall be allowed to testify by virtue of the provisions of section three hundred and ten, where the adverse party is the executor or…
2Cases cited4 opinions
- Garnett v. YoeSupreme Court of Alabama · 1849
- County of Greene v. BledsoeIllinois Supreme Court · 1850
- Doe ex dem. Martin v. BrownIndiana Supreme Court · 1847
- George v. NicholsSupreme Judicial Court of Maine · 1850