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SHUTTE v. THOMPSON

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82 U.S. 151 (1873)

15 Wall. 151

21 L.Ed. 123

SHUTTE, v. THOMPSON.

Supreme Court of United States.

February 3, 1873.

Attorney(s) appearing for the Case

Mr. C. Boggess (a brief of Mr. John S. Hoffman being filed) for the plaintiff in error; Mr. B.H. Smith, contra.

Mr. Justice STRONG delivered the opinion of the court.

The first error assigned is the decision of the court admitting the deposition of Underwood.

It must be admitted that the deposition was not taken in conformity with all the regulations of the act of Congress of September 24th, 1789. It does not appear that the witness was sworn to testify the whole truth. Nor does it appear that there was any certificate of the reasons why the deposition was taken. In...

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