Newell v. Desmond
California Supreme Court
Appeal from an order of the Superior Court of the city and county of San Francisco refusing a new trial. From 1876, until December, 1877, one Cadman was the owner of a book-store, and carried on the business thereof under the name of “ H. Keller & Co.” On the last-mentioned date he sold a half-interest in the business to Max H. Fay, and thereafter Cadman and Fay carried on the business until May, 1878, when Cadman, with Fay’s consent, sold his half-interest to the plaintiff,…
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Appeal from an order of the Superior Court of the city and county of San Francisco refusing a new trial. From 1876, until December, 1877, one Cadman was the owner of a book-store, and carried on the business thereof under the name of “ H. Keller & Co.” On the last-mentioned date he sold a half-interest in the business to Max H. Fay, and thereafter Cadman and Fay carried on the business until May, 1878, when Cadman, with Fay’s consent, sold his half-interest to the plaintiff, E. S. Newell, but remained in the store as an employee, acting as manager for Newell. On the 6th of December, 1878, one…
1Opinion of the CourtTemple, J.
We think the court did not err in overruling the objections to the deposition of plaintiff Fay, on the ground that Fay was present in the court when the deposition was read.
The deposition was taken at the instance of defendant under section 2021 of the Code of Civil Procedure, subdivision 1.
It is expressly provided in section 2032 of the Code of Civil Procedure: “If the deposition be taken under subdivisions 2, 3, and 4 of section 2021, proof must be *48made at the trial that the witness continues absent or infirm, or is dead.” Subdivision 5 relates to cases where the oral examination is not…
2Cited by6 opinions
- Young v. LiddingtonWashington Supreme Court · 1957
- Hurtel v. Albert Cohn, Inc.California Supreme Court · 1936
- Sequeira v. CollinsCalifornia Supreme Court · 1908
- Walsh-Anderson Company v. KellerMontana Supreme Court · 1961
- Adams v. WeaverCalifornia Supreme Court · 1897
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