¶1As the deposition did not arrive until after the trial in the district court, and was not in evidence there, it cannot be read as a part of the record of that court sent here on appeal. Not being taken, or entitled in this court, it cannot be considered as evidence taken on appeal. The motion must be granted. Deposition suppressed.
4 F. Cas. 560
The Buckeye State
U.S. District Court
Decided June 15, 1857
U.S. District Court · decided 1857-06-15
On motion to suppress deposition. The cause was tried in the district court at Detroit, on the 8th day of December, A. D. 1856. On the same day the deposition of one McQhesney was taken in Chicago, but did not reach Detroit until December 10th — too late to be read on the trial.
Decided 1857-06-15