Carroll v. . Hodges
Supreme Court of North Carolina
(Civil actioN to recover land, tried at Fall Term, 1887, of Watauga Superior Court, before Boykin, Judge. So much of the case stated on appeal as is necessary to a proper understanding of the opinion of the Court, is as follows : “ Upon the trial the defendants introduced the deposition of one David Simmons. The plaintiffs objected to the questions marked 6 and 7 and the answers thereto.
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(Civil actioN to recover land, tried at Fall Term, 1887, of Watauga Superior Court, before Boykin, Judge. So much of the case stated on appeal as is necessary to a proper understanding of the opinion of the Court, is as follows : “ Upon the trial the defendants introduced the deposition of one David Simmons. The plaintiffs objected to the questions marked 6 and 7 and the answers thereto. The Court, upon the admissions of the parties, found the following facts: The deposition was filed in the cause in the Clerk’s office in June, 1886. No objection thereto has been filed or entered by the…
1Opinion of the CourtMerrimon, J.
It is well settled that a deposition will not be quashed or rejected in whole or in part, on objection first made after a trial has begun, because of irregularity in taking the same, if the objecting party had notice and it appears that the deposition had been taken and was on file long enough before the trial to enable him to present his objection. The Code, § 1360; Carson v. Mills, 69 N. C., 32; Kerchner v. Reilly, 72 N. C., 171; Katzenstein v. Railroad Co., 78 N. C., 286; Wasson v. Linster, 83 N. C., 575.
Here the deposition must have been on file two or three months before the trial, the…
2Cases cited4 opinions
- Katzenstein v. Raleigh & Gaston Rail-RoadSupreme Court of North Carolina · 1878
- Kerchner v. . ReillySupreme Court of North Carolina · 1875
- Carson, Adm'r v. . MillsSupreme Court of North Carolina · 1873
- Wasson v. . LinsterSupreme Court of North Carolina · 1880
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- Brown v. BrownMichigan Supreme Court · 1903
- Glover v. . FlowersSupreme Court of North Carolina · 1888
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- Commercial Bank of Danville v. BurgwynSupreme Court of North Carolina · 1895