Whitford v. Clark County

Treat, D. J.

This ease having been tried without the intervention of a jury, the facts were specially found. The plaintiff urges for error that the deposition of Cherry, residing more than 100 miles *838from the place of trial, and within the district, was permitted to be read against defendant’s objection that he (the deponent) was present in court. The court holds the rule to be that when a deposition in a civil‘action has been duly taken, because the witness resides more than 100 miles dislant, said deposition is admissible, subject, however, to the right of the adverse party to place him on…