Kennelly v. Northern Pacific Railway Co.
North Dakota Supreme Court
Appeal from tbe District Court of Morton County, W. 0. Crawford, Special Judge. Plaintiff appeals from an order sustaining exceptions to, and suppressing, a deposition. Notwithstanding the language of the statute is mandatory, the statute is one regulating civil procedure, and is construed to be directory only. Patrick v. Numberg, 21 N. D. 380. The defendant failed to make any showing that it was prejudiced by reason of the failure of the signature of the witness.
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Appeal from tbe District Court of Morton County, W. 0. Crawford, Special Judge. Plaintiff appeals from an order sustaining exceptions to, and suppressing, a deposition. Notwithstanding the language of the statute is mandatory, the statute is one regulating civil procedure, and is construed to be directory only. Patrick v. Numberg, 21 N. D. 380. The defendant failed to make any showing that it was prejudiced by reason of the failure of the signature of the witness. This is essential in order to suppress depositions. Patrick v. Nurnberg, 21 N. D. 382. The failure of a witness to sign or…
1Opinion of the Court
Christianson, Ch. J.
The defendant filed exceptions in writing to a certain deposition taken by the plaintiff. The questions arising on such exceptions came on to be heard before the court before the commencement of the trial, upon the motion of plaintiff’s attorneys. The court sustained the exceptions and plaintiff appeals.
In our opinion no appeal lies from the ruling or order in question. The right of appeal depends on the statute; and under our statute an appeal may be taken to this court from the following orders only;
*397“1. An order affecting a substantial right made in any action, when such…
2Cases cited5 opinions
- Richards v. BurdenSupreme Court of Iowa · 1871
- State v. ArnsSupreme Court of Iowa · 1887
- F. A. Patrick & Co. v. NurnbergNorth Dakota Supreme Court · 1911
- Neacy v. ThomasWisconsin Supreme Court · 1912
- Hulett v. MattesonSupreme Court of Minnesota · 1867
3Cited by9 opinions
- Burdick v. MannNorth Dakota Supreme Court · 1930
- Granger v. Deaconess Hospital of Grand ForksNorth Dakota Supreme Court · 1965
- Ferguson v. JensenNorth Dakota Supreme Court · 1949
- West Branch Pants Co. v. GordonNorth Dakota Supreme Court · 1924
- Re RuschNorth Dakota Supreme Court · 1932
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