Osgood v. Sutherland
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Stevens county, Brown, J., presiding, refusing a new trial after verdict for defendants in an action for the price of goods sold and delivered.
1Opinion of the CourtMitchell, J.
The court erred in excluding the depositions of Osgood and Moore. It does not appear on what ground the learned judge excluded them, but, in our own judgment, none of the objections urged against them were well taken. The effect of á failure to give notice of the return of the depositions was not to render them inadmissible, but simply to leave the adverse party in position to make at the trial all objections to their introduction which he could have made upon a motion to suppress. Gen. St. 1878, c. 73, § 39; Tancre v. Reynolds, 35 Minn. 476, (29 N. W. Rep. 171.) Neither is there anything in…
2Cases cited4 opinions
- Olcott v. . Tioga Railroad CompanyNew York Court of Appeals · 1863
- DeGraw v. KingSupreme Court of Minnesota · 1881
- Tancre v. ReynoldsSupreme Court of Minnesota · 1886
- State v. CoyleSupreme Judicial Court of Maine · 1851
3Cited by2 opinions
- Bollinger v. BollingerCalifornia Supreme Court · 1908
- Kinkade v. HowardSouth Dakota Supreme Court · 1904