Crockett v. Cassels

Plaintiffs in error, who were plaintiffs below, instituted an action in assumpsit against defendant in error. At the instance of plaintiffs, two commissions were issued on December 31, 1924, to take by deposition the testimony of three material witnesses for plaintiffs. The *853executed commissions were returned, filed and docketed in the court from which they were issued, one on January 17th, 1925, the other on January 19, 1925.

The' cause came on for trial on April 15th, 1925. After the jury had been sworn and the parties had therefore gone to trial, plaintiffs offered to read the depositions in…