Addleman v. Masterson
Supreme Court of Pennsylvania
. Error to the special Courjt of Common Pleas of Huntingdon county, (Reed, president.) In the court below this was an action of ejectment brought by Anthony Masterson against John Addleman, The plaintiffgave as evidence of his title — 18th May, 1784, war:, rant to Walter Hood, “for three hundred acres, on a creek running into the Warrior-mark run, in or about a mile from the mouth of said branch, and about two miles from the Warrior-mark, in the county of Bedford.”-! 9 th…
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. Error to the special Courjt of Common Pleas of Huntingdon county, (Reed, president.) In the court below this was an action of ejectment brought by Anthony Masterson against John Addleman, The plaintiffgave as evidence of his title — 18th May, 1784, war:, rant to Walter Hood, “for three hundred acres, on a creek running into the Warrior-mark run, in or about a mile from the mouth of said branch, and about two miles from the Warrior-mark, in the county of Bedford.”-! 9 th January, 1785, certificate of the payment of the purchase money, thirty pounds. — 25th August, 1785, deed, Walter Hood…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
The rejection of the deposition of John Cannon? comes within the principle of Summers v. M‘Kim, 12 Serg. & Rawle 410. It is immaterial whether Orbison was concerned in the Conduct of the suit or not, as it appears he Was specially employed to take the deposition of the witness. There is as much danger from testimony taken under' such circumstances, as when the attorney is retained generally for the trial of the cause. Nor would it have altered the case, if Orbison hád been specially authorised to write the deposition. It is not competent for…
2Cases cited1 opinion
- Summers v. M'KimSupreme Court of Pennsylvania · 1825