Rooney v. Southern Building & Loan Ass'n

1. To render the evidence of a witness, taken by written interrogatories, admissible in the first instance, the statute requires that two commissioners shall act in taking the depositions of the witness ; and if for any reason the parties waive this provision of the statute, and agree that such may be taken by one commissioner, it is a compliance with the terms of the agreement which makes the execution legal, and authorizes the admission of the evidence so taken. It follows that, to bring about this result, the terms of the agreement must he strictly observed.

2. When in a suit brought by a…