Nasser v. Gaston

Citations

• 70 Wash. 685
• 127 P. 470
• 1912 Wash. LEXIS 1107

Syllabus

<p>Replevin — Statutory Claim and Delivery — Rights of- Third Persons — Sheriffs—Liability—Trover and Conversion. Under tbe claim and delivery statute, which makes ample provision for the indemnity of both parties to the action and the sheriff, but makes no provision for the security of a third party claiming ownership, and provides that where a third party makes claim by affidavit and serving a notice of his title on the sheriff, the sheriff shall not be bound to keep the property or deliver it to the plaintiff unless indemnified, a third party may maintain an action of conversion against a sheriff in possession in a claim and delivery suit, where the sheriff refused to surrender the property upon demand and notice by affidavit as provided by the statute.</p> <p>Depositions— Stipulation — Taken Upon Interrogatories — Admissibility — Presence and Acts of Counsel — Effect. Under a stipulation to take a deposition upon interrogatories and cross-interrogatories, on a commission, a party has no right to be represented by attorney when the deposition is taken; and if he is, the deposition will be suppressed.</p> <p>Depositions — Stipulation for Taking — Construction and Effect. A stipulation for the taking of a deposition reserving the right to object “to any and all questions and answers,” does not exclude the right to object to the manner in which it was taken and returned.</p> <p>Same. A stipulation for the taking of a deposition is not to be construed in connection with .letters written by opposite counsel, when the letters were not acted on, and the stipulation shows the agreement of the parties.</p> <p>Depositions — Certificate and Return — Necessity—Sufficiency. A deposition taken on stipulation is properly suppressed where there is no certificate to it, and it was not returned to the clerk of the court conformably to Rem. & Bal. Code, § 1242, 1243, which was not substantially complied with, it not being shown by whom it was reduced to writing or that it was read