Hobart v. Jones

Citations

• 5 Wash. 385
• 31 P. 879
• 1892 Wash. LEXIS 76

Syllabus

<p>DEPOSITIONS — NOTICE OF SETTLING INTERROGATORIES — SUFFICIENCY OF CERTIFICATE.</p> <p>Where the defendant in an action has had three days’ notice by the plaintiff of the settling of interrogatories upon which depositions are to be taken, and at the time set the defendant appears and has the hearing continued for three days to enable him to file cross interrogatories, he is estopped from claiming that he had insufficient notice.</p> <p>Where a deposition is taken pursuant to a commission issued by the court, the certificate thereto substantially complies with the requirements of the statute when it states that “F. N. Hendrix, commissioner, does hereby certify,” and is signed “F. N. Hendrix, commissioner and notary public,” especially when the caption states that it is the “Deposition of . . . taken before F. N. Hendrix . . . pursuant to the annexed commission to take testimony.”</p>