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· 7/1/1872

Slaughter v. Rivenbark

Citations

  • 35 Tex. 68

Syllabus

<p>1. An officer taking a deposition must identify the cause in which it is taken, by stating its title in the caption or the conclusion of his certificate. A mere recital that the deposition, is taken “in compliance with the annexed commission ” is not sufficient.</p> <p>2. In an officer’s certificate to a deposition it was stated that the “answers were sworn to and subscribed ” before him, but by whom sworn to and subscribed was not distinctly stated. Held, that the deposition should have been suppressed on motion.</p>

Judges: Ogden

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