Facey v. Otis
Michigan Supreme Court
Error to Calhoun Circuit, where Otis & Ditmars brought action against the plaintiff in error and others, as members of the firm of Fulsom & Benedict, upon a written instrument which is set forth in the opinion; and recovered judgment.
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Error to Calhoun Circuit, where Otis & Ditmars brought action against the plaintiff in error and others, as members of the firm of Fulsom & Benedict, upon a written instrument which is set forth in the opinion; and recovered judgment. The errors alleged in this Court were the admission in evidence of the depositions of Thomas & Boun, taken on commission, and the reception of parol evidence to show that the contract of defendants by the written instrument was with plaintiffs, and not with Seymour & Sleight, who are mentioned in it.
1Opinion of the Court
Manning J.:
The 51st of the Circuit Court' Rules provides, that the party taking any deposition shall, upon the same being received and filed ,by the clerk, give notice thereof to the opposite party, and that all objections of form to any such deposition shall be waived, unless the same shall be filed in writing and served upon the opposite party, within ten days after such notice. No instructions were sent with the commission for returning it after it had been executed. It *217was returned by the commissioner to the clerk of the Court by mail, and notice of the return was given to defendant’s…
2Cited by6 opinions
- North American Fire Insurance v. ThroopMichigan Supreme Court · 1871
- Borden v. Fletcher's EstateMichigan Supreme Court · 1902
- Stuart v. WordenMichigan Supreme Court · 1879
- Richards v. FullerMichigan Supreme Court · 1877
- North American Fire Ins. v. ThroopMichigan Supreme Court · 1871
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