Mills v. Dunlap

Citations

• 3 Cal. 94

Syllabus

<p>A motion to suppress the reading of a deposition, before the case in which it was taken is put upon trial, is premature; the proper time to object to such deposition is when it is offered in evidence on the trial.</p> <p>The decision of such motion rests in the sound discretion of the court, who must decide upon the sufficiency, or otherwise, of the grounds upon which such motion is made.</p> <p>Proof of notice to take a deposition where the written notice was defective, was held good, when made by parol, and conforms substantially to the statute.</p> <p>A slight error in the title of a cause, where there is no other suit pending between the parties, will not invalidate the notice.</p> <p>The certificate of the notary as set forth in the case was sufficient.</p>