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2 D.C. 678

Elliot v. Hayman

Decided May 15, 1826

A deposition was offered, iu evidence, by the plaintiff’s counsel, which was taken upon the solemn affirmation of the witness, who, the magistrate certified, was “ conscientiously scrupulous of taking an oath.” objected that it did not sufficiently appear to the Court, “ by testimony,” that the deponent “ is one of those who profess to be conscientiously scrupulous of taking an path,” according to the provisions of the constitution of Maryland, as amended by the act of…

Decided 1826-05-15

The Court(Cranch, C. J., contrae,)

¶1overruled the objection, being of opinion that the certificate of the «magistrate was sufficient evidence of that fact.

¶2The defendant then offered to examine persons skilled in the comparison of handwriting, to prove that the body of the certificate of the magistrate was not in his handwriting.

¶3But the Court (nem. con.) refused to permit them to be examined.

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