Ellis v. Jaszynsky

California Supreme Court

Ellis v. Jaszynsky

5 Cal. 444

CourtCalifornia Supreme Court

DecidedJuly 1, 1855

StatusPublished

Cited by1 cases

This text of 5 Cal. 444 (Ellis v. Jaszynsky) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ellis v. Jaszynsky, 5 Cal. 444 (Cal. 1855).

Pincite

Opinion

Murray, C. J., delivered the opinion of the Court.

Heydenfeldt, J., concurred.

The order to take the testimony of Scranton, should have specified the notice to be given to the adverse party. A deposition taken upon an order without such notice, where the opposite party has not had reasonable notice, ought not to be read in evidence.

The Court below having exercised its discretion in granting a new trial, and error having intervened, by reason of the admission of the deposition, we will not disturb it.

Order affirmed, with costs.

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Murray, C. J., delivered the opinion of the Court.

Heydenfeldt, J., concurred.

The order to take the testimony of Scranton, should have specified the notice to be given to the adverse party. A deposition taken upon an order without such notice, where the opposite party has not had reasonable notice, ought not to be read in evidence.

The Court below having exercised its discretion in granting a new trial, and error having intervened, by reason of the admission of the deposition, we will not disturb it.

Order affirmed, with costs.

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Bluebook (online)

5 Cal. 444, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellis-v-jaszynsky-cal-1855.

Opinion

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