Darby v. Heagerty

Citations

• 2 Idaho 282
• 13 P. 85
• 1887 Ida. LEXIS 7

Syllabus

<p>Practice — Rule of Common Law Reversed. — Section 3 of our Code of Civil Procedure reverses tbe rule of the common law that statutes in derogation of the common law must be strictly construed. Under our code such statutes are to be liberally construed with a view to promote justice.</p> <p>Deposition — Presumption in Favor of Office Taking. — In determining the admissibility of a deposition taken under the provisions of our Code of Civil Procedure, the presumption is that the commissioner discharged his duty by doing all that the statute requires, except as to matters which he must return specifically as done.</p> <p>Admissibility not Raised in Appellate Court foe First Time.— Objection to the admissibility of evidence cannot be made for the first time in the appellate court.</p> <p>(Syllabus by the court.)</p>