M'Cleary v. Sankey

Decided September 15, 1842

Supreme Court of Pennsylvania · decided 1842-09-15

Ezekiel Sankey against Samuel M’Cleary. On the trial of this cause, the plaintiff offered in evidence the deposition of a witness taken in pursuance of the following notice:— “ Take notice, that the depositions of witnesses to be read in evidence on the part of the plaintiff on the trial of the above stated case, will be taken at the house of Okey Hendrickson, in Mount Joy, in Lancaster county, Pa., on Monday, March 1st 1841, between the hours of 10 o’clock A. M. and 5…

Relies on Vickroy v. Skelley · 7 Serg. & Rawle 166 - Selin v. Snyder

Decided 1842-09-15

Per Curiam.

¶1— The certificate of the justice sets forth affirmatively an execution of the rule in accordance with the notice, in regard to all things but the house appointed for the appearance' of the parties; but according to Selin v. Snyder, (7 Serg. & Rawle 172), and Vickroy v. Skelley, (14 Serg. & Rawle 372), the want of that is fatal. It sufficiently appears the deposition was taken at the place; but where that is a town, and a particular house in it is specified, it should appear to have been taken at the very spot. The evidence ought to have been rejected.

¶2Judgment reversed, and venire de novo awarded.