Centre v. Keene

U.S. District Court

Decided April 15, 1820

U.S. District Court · decided 1820-04-15

objected to a deposition taken under the act of congress (1 Stat. 73), that the magistrate did not certify that the deponent subscribed it in his presence, but that he subscribed it after it was reduced to writing by the magistrate.

Decided 1820-04-15

¶1But

THE COURT(THRUSTON, Circuit Judge, absent)

¶2overruled the objection.,

¶3Mr. Taylor then objected, that it is stated in the caption that the deposition was taken to be used in an action in which Robert Centre & Co. were plaintiffs.

¶4Mr. Swann, contra. This is evidently the same suit.

¶5THE COURT supported the objection, and rejected the deposition; and said they could not judicially know it to be the same cause.