Legal Opinion
Carson, Adm'r v. . Mills
Supreme Court of North Carolina
Decided June 5, 1873PublishedCited by 4 opinions
This was a civil action on the trial of which, at the last term of the Superior Court of Rutherford, before his Honor, Logan, J., the defendant offered the deposition of Susan Stovall, to. the reading of which, the plaintiff objected on account of irrugularities in the taking of it.
1Opinion of the CourtPearson, C. J.
Assuming the irregularities in reference to the deposition which were pointed out by the counsel, we are of opinion that the objections are waived, not being taken in apt time. “ Good matter must be taken advantage of in due form, proper order, and in apt time. ” This is a rule of practice, and in our case full force is given to it by the Act 1869-’70, chap. 227, sec. 12, which covers the case.
“ No deposition shall be quashed or rejected on objection first made after a trial has begun, merely because of an irregularity in taking the same,” “provided, it shall appear that the party objecting…
2Cited by4 opinions
- Barnhardt v. . SmithSupreme Court of North Carolina · 1882
- Katzenstein v. Raleigh & Gaston Rail-RoadSupreme Court of North Carolina · 1878
- Carroll v. . HodgesSupreme Court of North Carolina · 1887
- Sparrow v. . BlountSupreme Court of North Carolina · 1884