Fell v. McIllhenny

Citations

• 123 La. 364
• 48 So. 991
• 1909 La. LEXIS 711

Syllabus

<p>1. Depositions (§ 17*) — Persons Whose Dep- ' osition May be Taken — Party to Shit.</p> <p>The testimony of a party to a suit, as-with any other witness, may be taken under commission. McLear v. Hunsieker, 30 La. Ann. 1225.</p> <p>[Ed. Note. — For other cases, see Depositions, Cent. Dig. § 12; Dec. Dig. § 17.*]</p> <p>2. Depositions (§ 73*) — Appeal and Error (§ 961*) — Time for Return — Reasonable Time — Discretion of Court — Review.</p> <p>That which constitutes reasonable time to have a commission returned is largely left to the discretion of the judge of the district court, a discretion not interfered with unless there is abuse.</p> <p>[Ed. Note. — For other cases, see Depositions, Dec. Dig. § 73 ;* Appeal and Error, Cent. Dig. § 3840; Dec. Dig. § 961.*]</p> <p>3. Depositions (§ 73*) — Time for Return-Reasonable Time — Discretion of Court.</p> <p>Seventeen days the court decided was reasonable time after the case had been fixed for trial to obtain the return of the commission issued on application of defendant.</p> <p>At one time all the parties to the suit deemed that number of days ample time.</p> <p>The judge a quo having acted upon the assuranee that the commission would he returned in time if a delay of eight days was granted, the delay was granted.</p> <p>No sufficient reason having been given, as decided by the court a qua, it only remained for it to decline to reopen the issues asked for in a motion for a new trial.</p> <p>No precedent would authorize a reopening of the issues by action of this court.</p> <p>[Ed. Note.' — For other cases, see Depositions, Dec. Dig. § 73.*]</p> <p>(Syllabus by the Court.)</p>