Hughes v. Humphreys

It does not appear that any harm was done by the thoughtless act of the clerk in opening the deposition without a special order of the court.

After this was done, counsel waited for nearly two months, and until the cause was about to be called for trial, before'moving to strike the deposition from the files because it had been improperly opened by the clerk. Meantime, from June 21st until July 5th, the deposition had been out upon a receipt given by the defendant. The affidavit of counsel to the effect that there was no general rule or order of court for the opening of depositions did not…