N. S. Sherman MacHine & Iron Works v. R. D. Cole Mfg. Co.
Supreme Court of Oklahoma
Error from District Court, Oklahoma County; W. R. Taylor, Judge. Action by the R. D. Cole Manufacturing Company against the N. S. Sherman Machine & Iron Works. Judgment for plaintiff, and defendant brings error.
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Error from District Court, Oklahoma County; W. R. Taylor, Judge. Action by the R. D. Cole Manufacturing Company against the N. S. Sherman Machine & Iron Works. Judgment for plaintiff, and defendant brings error. This was an action on an account alleged to be due from the plaintiff in error to the defendant in error for $3,204.46. The petition attaches a verified copy of the account, which was for one 75,000 gallon steel tank, with balcony cover and expansion joint, for the price of $3,300, and showing credits, reducing the amount to that sued for. The defendant, by verified answer, pleaded a…
1Opinion of the Court
Opinion by
DEVEEEUX, C.
(after stating the facts as above). The first assignment of error argued in the briefs is that the court refused to suppress the depositions which were- given in narrative form, and not by question and answer. Eev. Laws' 1910,- sec. 5069, provides :
“A deposition is a written declaration, under oath, made upon notice to the adverse party for the purpose of enabling him to attend and cross-examine, or upon written interrogatories.”
We know of no provision of our .statute rendering' a deposition void unless taken in the form of question and answer, and in the absence of such…
2Cases cited8 opinions
- Avants v. BrunerSupreme Court of Oklahoma · 1913
- Moore v. Leigh-Head & Co.Supreme Court of Oklahoma · 1915
- McMahan v. NorickSupreme Court of Oklahoma · 1902
- Jennings Co. v. DyerSupreme Court of Oklahoma · 1914
- Bruner v. NordmeyerSupreme Court of Oklahoma · 1915
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Sanders v. HallCourt of Appeals for the Tenth Circuit · 1934
- Chortney v. CurrySupreme Court of Oklahoma · 1924
- Lynch v. PetersonSupreme Court of Oklahoma · 1923
- Beck v. PeardSupreme Court of Oklahoma · 1938
- Shaw v. StevensonSupreme Court of Oklahoma · 1926
7 more not listed; retrieve them via the Exa API.