Vaccaro Bros. & Co. v. L. & N. R. R.

This matter comes before us on a rule of defendant and appellant to show cause why the depositions of five witnesses taken in Nashville, Tenn., by plaintiff, should not be stricken from the record on the ground that they were intentionally never offered in evidence below. The attorney for plaintiff who has only come into the case since the appeal was taken, contends that it was not necessary to offer the Nashville depositions in evidence, because the agreement under which they were taken contains the following stipulation: “The depositions so taken shall be received and read in evidence…