Elgin v. Hill
California Supreme Court
Appeal from the District Court, Seventh Judicial District, Napa County. The deposition spoken of in the opinion was taken in the Territory of Nevada by a Commissioner for this State, pursuant to the following stipulation : “ It is hereby stipulated and agreed, by and between the parties hereto, that the deposition of Wm.
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Appeal from the District Court, Seventh Judicial District, Napa County. The deposition spoken of in the opinion was taken in the Territory of Nevada by a Commissioner for this State, pursuant to the following stipulation : “ It is hereby stipulated and agreed, by and between the parties hereto, that the deposition of Wm. H. James, a resident of Nevada Territory, be taken in answer to the interrogatories, direct and cross, hereto attached, before some person authorized to take depositions, subject to all legal objections and exceptions, except as hereby waived. Notice, order, commission and…
1Opinion of the Court
By the Court, Sanderson, C. J.
The Court below did not err in admitting the deposition of W. H. James. The omission of the Commissioner before whom it was taken to append a date to his final certificate, was of *374no consequence. At the end of the deposition there is a certificate signed by the Commissioner, in the ordinary form to the effect that the deposition was sworn to and subscribed by the witness on the 5th day of March, 1863. Then follows immediately thereafter, without further date, a further certificate as to a compliance with the provisions of the four hundred and thirtieth Section of…
2Cited by1 opinion
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