Bush v. Stanley

Citations

• 122 Ill. 406
• 13 N.E. 249

Syllabus

<p>1. Evidence and depositions—admissibility of depositions after making new pa/rties. In. a chancery case, the court, by an order, found that the original complainant had no such interest in the subject matter as to enable him to maintain the bill, whereupon he was given leave to amend the same by the addition of a new party complainant, and for the filing of cross-bills, but the original bill was not dismissed; and it was ordered, by consent of the parties, that the depositions and evidence before taken, so far as competent, might be read on the final hearing, which was continued: Held, that there was no error in admitting such depositions in evidence on the final hearing.</p> <p>2. Same—stipulation that depositions taken may be read. The parties to a suit in chancery have the right to agree, and have their agreement en-1 ered of record, that the depositions and evidence already taken in certain other cases, so far as the testimony is competent, may be read on the hearing, and such an agreement waives all objections to the time and mode of taking the depositions.</p> <p>3. Same—parol evidence—to prove contents of lost deed. Under the Revised Statutes, chapter 116, section 28, providing that when it is shown orally in court “that the original of any deeds, conveyances or other written record evidence has been lost or destroyed, or not in the power of the party wishing to use it on the trial to produce the same, and the record thereof has been destroyed by fire, or otherwise, the court shall receive all such evidence as may have a bearing on the case, to establish the execution or contents of the deeds, conveyances, records or other written evidence so lost or destroyed, ” the recollection of witnesses as to the contents of such lost or destroyed instruments is clearly competent, and their recollection may be refreshed by reference to notes taken by them, and known to be correct.</p> <p>4. Same—refreshing witness’ recollection. Where a witness, on his direct examina