Rhees v. Fairchild

Citations

• 160 Pa. 555
• 28 A. 928
• 1894 Pa. LEXIS 847

Syllabus

<p>Commission to take testimony — Practice—Evidence.</p> <p>Instructions issued for the guidance of commissioners in taking testimony, are directory rather than mandatory, and depositions taken under a commission will not be excluded because, in some slight particulars, not affecting the merits of the case, the commissioner or officer taking the same may have neglected to comply with the formal instructions.</p> <p>A deposition will not be excluded merely because the indorsement upon the commission was not under seal, and because the commissioner signed not as commissioner, but as notary public.</p>