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GUPPE v. BROWN - 4 U.S. 410 (1805)

U.S. Supreme Court

GUPPE v. BROWN, 4 U.S. 410 (1805)

4 U.S. 410 (Dall.)

Guppy et al.

Circuit Court, Pennsylvania District.

October Term, 1805

ACOMMISSION had issued to four commissioners, jointly, to take the depositions of witnesses in England. It was executed and returned by three of the commissioners only, two of whom, however, were of the defendant's nomination.

At the trial of the cause, the defendant's counsel objected to the reading of the depositions; and cited 1 Bac. Abr. 202. 2 Inst.

The plaintiffs' counsel observed, that the commission had not issued in the usual form; but insisted that as the defendant's

Page 4 U.S. 410, 411

commissioners had attended, the objection could not be maintained on his part.

By the COURT:

The objection is fatal. The commissioners do not derive their authority from the parties, but from the Court; and as it is a special authority, it must be strictly pursued. The power given to four, cannot be well executed by three, commissioners.

The evidence over-ruled.

Ingersoll, and Tod, for the plaintiffs.

Franklin, and Dallas, for the defendant.

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