Barlow v. Bowne

Supreme Court of Vermont

Barlow v. Bowne

1 Brayt. 135

Supreme Court of Vermont·Decided July 1, 1819·No. No. 1·Published

Opinion

The Court decided against the motion ; the decisions of the-Judge were affirmed, except as to the admission of the deposition of Mitchell; on this point the Court was equally divided. Judge Doolittle being of opinion the deposition was properly-admitted, and Judge Brayton being of opinion the omission of the word “whole,” in the certificate of the oath, was fatal* and that the deposition ought to have been excluded. ■

Motion dismissed,- and new trial- not granted.'

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The Court decided against the motion ; the decisions of the-Judge were affirmed, except as to the admission of the deposition of Mitchell; on this point the Court was equally divided. Judge Doolittle being of opinion the deposition was properly-admitted, and Judge Brayton being of opinion the omission of the word “whole,” in the certificate of the oath, was fatal* and that the deposition ought to have been excluded. ■

Motion dismissed,- and new trial- not granted.'

Barlow v. Bowne, 1 Brayt. 135 (Vt. 1819).

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