Kercheval v. Ambler, 34 Ky. 166 (1836)

Citation: Kercheval v. Ambler, 34 Ky. 166 (1836)
Parent Document: Kercheval v. Ambler, 34 Ky. 166 (1836)
Jurisdiction: Kentucky (state)
Effective Date: 1836-06-09
Original Source: https://www.courtlistener.com/opinion/7459288/kercheval-v-ambler/ ↗

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First. The appellant insists that, the Circuit Court errecj jn pefmitting the appellee to read a deposition of 1 , . . , . . , _ . , Joel Berry, which had been taken and read m the action 0f ejectment between the same parties. As that deposition had been read on a former trial between the same parties, and tended to prove an important fact in this 1 . , . 1 ,, . case—to-wit: that the appellant was m the possession, notice in ejectment was served on him, of the J . land which was delivered to the appellee’s agent m vn* tue the habere facias, and that, consequently, no other land than that which had been recovered had been delivered by the officer—the only objection to the admissi* bility of it as evidence on the trial of this case, must be that,as alleged, there was no sufficient proof of the inability of the witness, .who, was Still living, to attend court and be again examined ore lenus. The only proof on this point was -that he was about seventy years old, “frail” health, and resided about sixty miles from the court house.

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