Darby v. Heagerty
Idaho Supreme Court
APPEAL from District Court, Washington County. Depositions should be taken at the place named in the commission, and, this not appearing by the certificate of- the commissioner or otherwise, they cannot be read. (Weeks’ Depositions, sec. 192; Rhoades v. Selin, 4 Wash. C. C. 723, Fed. Cas.
Read the full summary
APPEAL from District Court, Washington County. Depositions should be taken at the place named in the commission, and, this not appearing by the certificate of- the commissioner or otherwise, they cannot be read. (Weeks’ Depositions, sec. 192; Rhoades v. Selin, 4 Wash. C. C. 723, Fed. Cas. No. 11,740.) Evidence by depositions is in derogation of the common law, and, to entitle them to be received, the statutory provisions in relation to taking depositions must be strictly complied with. (Weeks’ Depositions, sec. 328; Lucas v. Richardson, 68 Cal. 618, 10 Pae. 183; Dye v. Bailey, 2 Cal. 383;…
1Opinion of the CourtBuck, J.
This action was brought to set aside a certain pretended deed from James Landy to D. Heagerty, and to declare the same void, on the ground that it is a forged instrument, and for other relief. The complaint was filed on the twenty-third day of July, 1885, and the action tried by the court at the July term of said court, 1886. Decision was rendered in faYor of the defendants, and decree entered accordingly. Motion for a new trial was made and denied, and the plaintiff appeals from the judgment and decree of the court, and from the order denying a new trial, and brings the same into this court…
2Cases cited4 opinions
- Williams v. ChadbourneCalifornia Supreme Court · 1856
- McCann v. BeachCalifornia Supreme Court · 1852
- Lucas v. RichardsonCalifornia Supreme Court · 1886
- Dye v. BaileyCalifornia Supreme Court · 1852
3Cited by6 opinions
- Viehweg v. ThompsonIdaho Court of Appeals · 1982
- State v. LinnIdaho Supreme Court · 1969
- Neff v. HysenIdaho Supreme Court · 1952
- Crosby v. PutnamIdaho Supreme Court · 1965
- Ueland v. DealyNorth Dakota Supreme Court · 1903
1 more not listed; retrieve them via the Exa API.