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…
1Opinion of the Court
Opinion by
Head, J.,
Among the rules of the court of common pleas from which this appeal comes is the following: “Depositions of parties and witnesses, without regard to the circumstances of their being aged, infirm or going witnesses, may be taken in advance of trial only upon an order of the court upon notice and cause shown.”
The plaintiff presented her petition setting forth that one B. W. Peck was a material witness without whose testimony she could not safely go to trial and that he resided in McConnellsburg, Pa., nearly 200 miles from Philadelphia. Upon these averments alone she asked for…
2Cases cited1 opinion
- International Coal Mining Co. v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1906
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- Sochanczak EstatePennsylvania Orphans' Court, Philadelphia County · 1963
- Beishline v. Tatterfield, Pennsylvania Court of Common Pleas, Northampton County1934
- Glaser v. Philadelphia Transportation Co.Pennylvania Municipal Court, Philadelphia County · 1941
- Universal Moulded Products Corp. v. E. I. duPont deNemours & Co., Pennsylvania Court of Common Pleas, Philadelphia County1948