The Encyclopaedia of Evidence Volume 4

The Encyclopaedia of Evidence Volume 4

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...368, 40 Pac. 781; Matthews 1/. Dare, 20 ild. 248; Foster 1/. Smith, 42 Tenn. 474, 88 Am. Dec. 604. Adopting First Deposition by Beterence.-Where the deposition of a witness was taken when he was incompetent, and afterwards his com petency was restored and his deposition was retaken by reference to and adoption of his first deposition, the court refused to admit the first deposition in evidence. Scales 'u. Desha, 16 Ala. 308. Sec also Moore v. McCullough, 6 Mo. 444. But see Samuel Bros. & Co. v. Hostetter Co., 55 C. C. A. HI, 118 Fed. 257. And see sub-title "The Examination." Use of Original Interrogstoriel. It has been held that while the original interrogatories and cross-interrogatories should be left on file and certified copies thereof attached to a second commission to retake the depositions of a witness, the detaching of such interrogatories from the original commission and attaching the same to the second commission is not such an irregularity as should cause the suppression of the second deposition. Boone 'u. Miller, 73 Tex. 557, 11 S. W. 551. It has been suggested that where a court permits the withdrawal of a commission and interrogatories and answers thereto, to re-examine a witness, a certified copy of the interrogatories and answers should first be filed in the clerk's office. Davis 1/. Moody, 13 Ga. 188. But it seems to have been held that a deposition taken by a person not authorized to do so in an improper manner may be re-taken before a proper officer by the adoption of the former deposition. Wallace 1/. Byers, 14 Tex. Civ. App. 574, 38 S. l/V. 228. 92-Broughton 11. Crosby, 9 Fla. 254; Williams '0. Kelsey, 6 Ga. 365; Hale v. Gibbs, 43 Iowa 380; Watson 11. Race, 46 Mo. App. 546; O'Connor v. American Iron...
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Product details

  • Paperback | 510 pages
  • 189 x 246 x 26mm | 903g
  • United States
  • English
  • black & white illustrations
  • 1236748247
  • 9781236748249