Oterie v. Vitale

Citations

• 55 Pa. Super. 492
• 1913 Pa. Super. LEXIS 401

Syllabus

<p>Evidence — Depositions—Waiver of irregularity — Rules of court.</p> <p>1. Depositions taken in another state on a rule entered by leave of court under the Act of June 25, 1895, P. L. 279, but not taken on the day designated in the notice, are not admissible in evidence unless the irregularity as to the date of their taking is waived; but the objection will be considered as waived where the person having the right to object fails to file exceptions to the depositions within the time prescribed by general rule of court, and makes no objection at the -trial, but raises the question for the first time, after verdict, on motion for new trial.</p> <p>Evidence — Letter—Self-serving declaration.</p> <p>2. A letter cannot be rejected as a self-servmg declaration where it appears that it was written’in answer to a letter alleging payment of the money in dispute.</p>