Kendall v. Limberg

Citations

• 69 Ill. 355

Syllabus

<p>1. Depositions—certificate of official character of person taking. Where a deposition is taken by a commissioner, no certificate of his official character is necessary.</p> <p>2. Same—mistake in certificate as to t7ie commission. A commissioner taking a deposition under a commission, is not required to certify any thing in respect to the commission, and therefore if he undertakes to describe it in his certificate, and misdescribes the name of the clerk who issues it, it will be no ground for suppressing the deposition.</p> <p>3. Same—mistake of paedy's name in certificate of administering oath. Where the names of the parties to the suit are properly described in the caption of a deposition, a subsequent mistake in the Christian name of the plaintiff, in the certificate of the swearing of the witness, will not be fatal, as, taking the whole deposition together, there can be no doubt that the witness was properly sworn.</p> <p>4. Evidence—opinion as to chm'aeter of an act done. In an action for false imprisonment, it is error not to suppress an answer of a witness in a deposition that characterizes the defendant’s treatment of the plaintiff as: “I thought then, and think now, that the defendant’s treatment of plaintiff was very indecent, brutal, and very unbecoming an officer and gentleman.” But if the witness has previously given all the particulars of the treatment, detailing the acts and words, so as to enable the jury to judge of the character of the same, the error will not be so grave as to call for a reversal.</p> <p>5. Same—to prove the appointment of one as constable. The records of the town clerk’s office are not the proper evidence of the appointment of one to the office of constable to fill a vacancy. The warrant of appointment, it seems, is the proper evidence of the fact.</p> <p>6. New tbiad—newly discovered, evidenee. Where the name of the witness, whose testimony is relied on for a new trial, was known to the party so applying, and his knowledge of