5 Blackf. 248 | Ind. | 1839
This is a motion by the defendant to suppress certain depositions of the complainant.
The depositions of Wiley and Lane were taken under a dedimus directed “to any justice of the peace in Washtenaw county, state of Michiganthe name of the justice not being stated. The depositions are certified by Chauncey' Knapp, stating himself to be a justice of the peace of the county and state mentioned in the dedimus. The objection is, that it does not sufficiently appear that Knapp is a justice. The statute says, “that when a dedimus potestatem shall issue from any Court in this state, directed to any justice of the peace in any other state, authorizing him to take depositions to be read in evidence in any suit depending in said Court, the certificate of such justice, officially certifying the taking of the same, shall be a sufficient authentication.” R. Stat. 1838, p. 452. We consider the dedimus in this case, though it does not state the name of the justice, to be authorized by the statute; and the authentication, which is such as the statute prescribes, must be sufficient.
The deposition of Whiteman is objected to on the ground that it was taken before the suit was certified to this Court. We think that whatever depositions were admissible in the Circuit Court, whilst the suit was pending there, may be read here. The objection is without foundation.
The other depositions objected to tend to prove, by reputation, the existence of a partnership between the parties. We are of opinion that such testimony is inadmissible to prove a partnership. There are a few matters, such as pedigree, that may be proved by reputation; but the fact of a partnership is not within the exceptions to the rule against the admission of hearsay evidence. The objection to these depositions is sustained
Accord. Bryden v. Taylor, 2 Harr. & Johns. 396.—Brown v. Crandall, 11 Conn. R. 92.—Scott v. Blood, 16 Maine R. 192.—Halliday v. M'Dougall, 20 Wend. 81. S. C. 22 Wend. 264.