Legal Opinion

Heinzerling v. Agen

Washington Supreme Court

Decided June 22, 1908No. 7380Published

Appeal from a judgment of the superior court for King county, Griffin, J., entered November 30, 1907, upon the verdict of a jury rendered in favor of the plaintiff, in an action on contract.

1Per curiam

This case was before this court on a former appeal where a full statement of the facts will be found. Heinzerling v. Agen, 46 Wash. 390, 90 Pac. 262. A retrial *648was had in the court below after the case was remanded, and from a judgment in favor of the plaintiff, the defendant has again appealed.

A deposition taken and used at the first trial was read at the second trial, over objection, without any showing that the reasons for taking the deposition still existed, and this ruling is assigned as error. Bal. Code, § 6028 (P. C. § 992), provides that depositions shall not be read in evidence if it…

2Cases cited2 opinions

  1. Hennessy v. Niagara Fire InsuranceWashington Supreme Court · 1894
  2. Heinzerling v. AgenWashington Supreme Court · 1907

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