Dye v. Bailey
California Supreme Court
Appeal from the Eleventh Judicial District. After the jury were sworn, &c. in this cause in the District Court, the plaintiffs offered to read as evidence upon the trial the notice and the accompanying depositions of Elisha Anthony, Edward P. Penfield, Charles Yan Pelt and Silas H. Bennett, and the certificates thereto appended; to the reading of which defendants objected on the ground that the notice was insufficient; that the depositions of Anthony Penfield and Yan Pelt…
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Appeal from the Eleventh Judicial District. After the jury were sworn, &c. in this cause in the District Court, the plaintiffs offered to read as evidence upon the trial the notice and the accompanying depositions of Elisha Anthony, Edward P. Penfield, Charles Yan Pelt and Silas H. Bennett, and the certificates thereto appended; to the reading of which defendants objected on the ground that the notice was insufficient; that the depositions of Anthony Penfield and Yan Pelt were taken on a day different from that in the notice to defendant; and for the insufficiency of the certificates of the…
1Opinion of the Court
Murray, Justice.
On the trial of this cause, the plaintiff read in evidence certain depositions, which were objected to by the defendant, on the ground that the certificate of the officer before whom they were taken, was not in conformity with the statute, and that the depositions did not show that they were taken upon the day.of notice.
We have before decided that this mode of taking testimony to be used in civil causes, is in derogation of the common law, and that the officer must follow the statute strictly. Every requisition of the statute ifiust appear upon the deposition, to entitle it to…
2Cited by3 opinions
- Darby v. HeagertyIdaho Supreme Court · 1887
- Reimel v. HouseCalifornia Court of Appeal · 1969
- Wise v. CollinsCalifornia Supreme Court · 1898