Carmalt v. Post
Supreme Court of Pennsylvania
ERROR to the common pleas of Susquehanna county. Caleb Carmalt, assignee of Robert H. Rose, against Simeon Cook, with notice to Isaac Post. Scire facias sur mortgage. •The defendant pleaded payment with leave, and. replication non soluit. Issue. The plaintiff gave in evidence the mortgage and assignment of it to him, dated 26th of July lb2S, and admitted some direct payments on account.
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ERROR to the common pleas of Susquehanna county. Caleb Carmalt, assignee of Robert H. Rose, against Simeon Cook, with notice to Isaac Post. Scire facias sur mortgage. •The defendant pleaded payment with leave, and. replication non soluit. Issue. The plaintiff gave in evidence the mortgage and assignment of it to him, dated 26th of July lb2S, and admitted some direct payments on account. The defendant, Isaac Post, then gave in evidence certain claims which he had against Rose, and which were of more than six years’ standing; and to support them, offered in evidence the deposition of Robert H.…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The rule to take depositions was irregularly executed. It is, to say the least, unusual, and productive of uncertainty, to assign two days for the attendance of the opposite party, though they be consecutive; and its regularity can be sustained only by subjecting the magistrate to the burthen of keeping the examination open during all the indicated time, or at least till the opposite party appear, or send in cross interrogatories to be propounded where there is a rule for it. It is much better to give notice only of the period of…
2Cases cited1 opinion
- Milliken v. BrownSupreme Court of Pennsylvania · 1829
3Cited by11 opinions
- Fisk v. TankWisconsin Supreme Court · 1860
- Beaty v. BordwellSupreme Court of Pennsylvania · 1880
- Post v. CarmaltSupreme Court of Pennsylvania · 1841
- Duvall's v. DarbySupreme Court of Pennsylvania · 1861
- Baumberger v. Supreme Hive Ladies of the Maccabees, Pennsylvania Court of Common Pleas, Washington County1923
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