Elgin v. Hill

Citations

• 27 Cal. 372

Syllabus

<p>Date of Certificate to Deposition.—If, at the end of a deposition taken by a Commissioner out of the State, there is a jurat giving the date when the deposition was subscribed and sworn to, it is not necessary that the further certificate of a compliance with the four hundred and thirtieth section of the Practice Act should be dated.</p> <p>Deposition taken by Stipulation.—If the parties stipulate that a Commissioner may take a deposition upon written interrogatories, and the stipulation says nothing about the day the same may be taken by the Commissioner, it is not necessary that the Commissioner state in his certificate the day the same was taken.</p> <p>Interested Witness'—One whose interest is equally balanced between plaintiff and defendant is a competent witness.</p> <p>Purchase of Note Past Due.—One who purchases a promissory note past due, but which has been paid before the purchase, takes it subject to the defense of payment, even if he was ignorant at the time of his purchase that it had been paid.</p>