Legal Opinion

Little Bros. v. Brock

Supreme Court of South Carolina

Decided July 1, 1912No. 8240PublishedCited by 1 opinion

Before Memminger, J., Anderson, February term, 1913. Action by Little Bros, against T. H. Brock. Defendant appeals. cites : Depositions should ■not be taken during a term of Court and when opposing £ounsel cannot attend: 13 Cyc. 916, 917; 4 Ency. Ev. 333; 6 Ency. P. & P. 486; 44 Fed. R. 739. cite: The question here is decided in 88 S. C. 360; 34 Ark. 73.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chiee Justice Gary.

This is an appeal from an order refusing to suppress certain depositions. The action was commenced on the 18th of December, 1911. On the 24th of January, 1912, notice was served upon defendant’s attorney that the testimony of certain witnesses would be taken de bene esse at Knoxville, Tenn., on the 5th of February, 1912.

The following statement appears in the record:

“Court of Common Pleas for Anderson cpiinty convened February 5, 1912, and attorney for defendant had other cases set for trial on this day.
“When the case was called…

2Cases cited1 opinion

  1. Gibson v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1911

3Cited by1 opinion

  1. Furst & Thomas v. ElliottIdaho Supreme Court · 1936

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