Livingston v. Pratt

15 F. Cas. 690

Opinion

HELD BY

THE COURT:

McLEAN, Cir•cuit Justice.

(1) That, notwithstanding the stipulation, the deposition should have been returned in all respects, as provided by the act. (2) That the deposition, having been retained in the hands of defendant’s attorney for a long time, and being placed on file on the morning of the trial for the first time, ■could not be read in evidence.