Payne v. West

Indiana Supreme Court

Payne v. West

99 Ind. 390, 1885 Ind. LEXIS 120

CourtIndiana Supreme Court

DecidedJanuary 7, 1885

DocketNo. 11,593

StatusPublished

This text of 99 Ind. 390 (Payne v. West) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Payne v. West, 99 Ind. 390, 1885 Ind. LEXIS 120 (Ind. 1885).

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Opinion

Elliott, J. —

The officer by whom the deposition of one of the appellee’s witnesses was taken, instead of stating in his certificate that “ the .deposition was reduced to writing,” stated that “ the deponent was reduced to writing.” There is more of the ludicrous than there is of harm in the officer’s mistake. It is apparent that the error is a mere clerical one, harming nobody. The context plainly shows the character of the mistake, and that it was the deposition that was properly reduced to writing.

Judgment affirmed, with fivé per centum damages.

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Elliott, J. —

The officer by whom the deposition of one of the appellee’s witnesses was taken, instead of stating in his certificate that “ the .deposition was reduced to writing,” stated that “ the deponent was reduced to writing.” There is more of the ludicrous than there is of harm in the officer’s mistake. It is apparent that the error is a mere clerical one, harming nobody. The context plainly shows the character of the mistake, and that it was the deposition that was properly reduced to writing.

Judgment affirmed, with fivé per centum damages.

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Bluebook (online)

99 Ind. 390, 1885 Ind. LEXIS 120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/payne-v-west-ind-1885.