Cool v. Roche

Lake, Ch. J.

This is a petition in error from Antelope county. One-of the errors complained of is the suppression of a deposition for want of sufficient notice of the taking. The notice was served on the 24th of February, 1881, at Neligh, in. said county, that the deposition would be taken in York on the 28th. The 27th of February was Sunday, and it is-agreed that, by the usual route of travel, two days were required to reach York from Neligh.

The statute provides that “the notice shall be served so-as to allow the adverse party sufficient time by the usual route of travel to attend, and one…