Doane v. Glenn
Supreme Court of the United States
Error to the Supreme Court of the Territory of Colorado. John W. Doaue, Patrick Towle, and John Roper (partners as J. ~W. Doane & Co.), the plaintiffs in error in this case, commenced a suit in the first judicial district of the Territory for the county of Arrapalioe, against Oliver S. Glenn and Rufus E. Tapley. A writ of attachment was issued in their behalf, and certain personal property, described in the sheriff’s return, was seized.
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Error to the Supreme Court of the Territory of Colorado. John W. Doaue, Patrick Towle, and John Roper (partners as J. ~W. Doane & Co.), the plaintiffs in error in this case, commenced a suit in the first judicial district of the Territory for the county of Arrapalioe, against Oliver S. Glenn and Rufus E. Tapley. A writ of attachment was issued in their behalf, and certain personal property, described in the sheriff’s return, was seized. Lockhart T. Gleiin and George O. Tapley filed an “interplea,” and claimed the property as belonging to them. The plaintiffs replied, denying the truth of the…
1Opinion of the CourtJustice Swayne
None of the objections to the reading of the deposition go to the testimony of the witness. All of them relate to defects and irregularities which might have been obviated by retaking the deposition. It does not appear that any notice beforehand was given to the counsel of the plaintiffs that they would be made. In such cases the objection must be noted when the deposition is taken, or be presented by a motion to suppress before the trial is begun. The party taking the deposition is entitled to have the question of its admissibility settled in advance. Good faith and due diligence are…
2Cases cited1 opinion
- Buddicum v. KirkSupreme Court of the United States · 1806
3Cited by22 opinions
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- Brooke E. Rojas v. The People of the State of ColoradoSupreme Court of Colorado · 2022
- Best v. London Guarantee & Accident Co.Montana Supreme Court · 1935
- Groot v. Oregon Short Line R.Utah Supreme Court · 1908
- Blakeslee v. United StatesCourt of Appeals for the First Circuit · 1929
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