Nace v. Neff College of Oratory
Superior Court of Pennsylvania
Appeal, No. 262, Oct. T., 1910, by defendant, from judgment of C. P. No. 5, Phila. Co., June T., 1906, No. 639, in case of Lois Caldwell Nace v. Neff College of Oratory, Inc. Assumpsit for the return of tuition money. Before Ralston, J. At the trial the plaintiff offered to read the deposition of B. W. Peck taken at McConnellsburg, Pa., on behalf of the plaintiff.
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Appeal, No. 262, Oct. T., 1910, by defendant, from judgment of C. P. No. 5, Phila. Co., June T., 1906, No. 639, in case of Lois Caldwell Nace v. Neff College of Oratory, Inc. Assumpsit for the return of tuition money. Before Ralston, J. At the trial the plaintiff offered to read the deposition of B. W. Peck taken at McConnellsburg, Pa., on behalf of the plaintiff. Mr. Conlen: I object to the reading of the deposition taken in McConnellsburg under a rule issuing out of this court to show cause. The Court: This deposition was taken in pursuance of a rule granted by this court after argument and…
1DissentRice, P. J.
The point decided in International Coal Mining Co. v. Penna. R. R. Co., 214 Pa. 469, was that a rule of court which provides that a rule may “be entered by either party to take the depositions of witnesses without regard to the circumstances of their being aged, infirm or going witnesses, stipulating, however, eight days’ notice to the adverse part,” is contrary to law and void. Under that rule Justice Bkown said: “for no reason and with no necessity for taking the deposition of a witness in advance of a trial, either party to the action, upon a mere whim or caprice, may compel the…
2Cases cited4 opinions
- International Coal Mining Co. v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1906
- Pennock v. FreemanSupreme Court of Pennsylvania · 1833
- Riegel v. WilsonSupreme Court of Pennsylvania · 1869
- Wallace v. MeaseSupreme Court of Pennsylvania · 1808