Public-domain · open source
OpenJurist

12 Tex. 139

Thompson v. Haile

Texas Supreme Court

Decided July 1, 1854

Texas Supreme Court · decided 1854-07-01

<p>Where the officer before whom a deposition is taken, fails to certify that the same was signed by the witness, the deposition cannot be received in evidence, if the objection be properly taken.</p>

Cited by 1 later decisions — most recently December 1967

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1854-07-01

View the full empirical analysis of this case →

Hemphill, Ch. J.

¶1The depositions were excluded on the ground that they were not properly certified to by the officer taking the same. The defect was in the omission to certify that they were signed by the witness. We are of opinion that there was no error in the exclusion of the depositions. The statute requires not only that the witness shall sign *140the answers, but that the officer shall certify the fact of such signature; and this certificate was intended to be authentic evidence of such fact. This being omitted, there is no error in the judgment;• and it is ordered that the same be affirmed.

¶2Judgment affirmed.

/12/tex/139 · .json · Public domain