JUDICIAL AND STATUTORY DEFINITIONS OF WORDS AND PHRASES SECOND SERIES VOLUME 2 DEPOSITION "A 'deposition' is testimony taken out of court under authority which will enable it to be read as evidence in court and has no relation to oral testimony taken in court or before a master." In re Harrison Bros., 197 Fed. 320, 322 (quoting 13 Cyc. p. 832). "Depositions are a species of evidence of a secondary character, admissible where the viva voce testimony of the deponent is not attainable." Under Rev. St. 1898, § 4096, as amended, providing that, where a corporation is a party, the president, managing agent, or agent, or employé of the corporation may be examined before trial, depositions of mere employés of a defendant corporation, taken before trial, are not admissible, where deponents are present at the trial, subject to be called and examined as witnesses. Hughes v. Chicago, St. P., M. & O. R. Co., 99 N. W. 897, 902, 122 Wis. 258 (quoting Weeks, Depositions, §§ 4-6). By B. & C. Comp. § 816, a “deposition” is defined to be a written declaration under oath, made upon notice to the adverse party, for the purpose of enabling him to attend and cross-examine. State v. Woolridge, 78 Pac. 333, 336, 45 Or. 389. solicitor's fees for each deposition taken and admitted in evidence. State of Missouri v. State of Illinois, 26 Sup. Ct. 713, 714, 202 U. S. 598, 50 L. Ed. 1160. Depositions taken before a trial judge to be used as evidence on defendant's mo tion to dismiss were not depositions taken "to be used on the trial of the merits" within Kirby's Dig. § 3157, permitting depositions to be used on the trial of all the issues in certain cases named, as where the witness is absent from the state, etc. Ferguson & Wheeler Land, Lumber & Handle Co. v. Good, 133 S. W. 183, 184, 97 Ark. 106. The transcript of the testimony of a party, relating to transactions with the adverse party, given at a trial occurring during the lifetime of the adverse party, is not a "deposition," within Code, § 4605, providing that a party may have his own deposition read in evidence, where his evidence would be incompetent by section 4604, providing that no party shall be examined as a witness in regard to personal transactions with a decedent, etc., though Acts 27th Gen. Assem. p. 16, c. 9, provides that a transcript of the testimony of a witness at a trial shall, when material and competent, be admissible in evidence at any subsequent trial. Greenlee v. Mosnat, 111 N. W. 996–999, 136 Iowa, 639, 14 L. R. A. (N. S.) 488. Affidavit The word "deposition," as used in Pen. Code, § 872, prior to its amendment in 1905, providing that if it appeared from the examination of accused that a public offense "Deposition," as used in Comp. Laws had been committed, and there was sufficient 1909, § 2182, relating to perjury, providing cause to believe him guilty thereof, the mag- that the making of a deposition is deemed to istrate should indorse on the deposition an be complete from its delivery by the accused order for his commitment, was synonymous with the intent that it be uttered or publishwith the word "complaint," to which it was ed as true, includes "affidavit," since section changed by the amendment. People v. 2965 provides that every mode of written inLapique, 103 Pac. 164, 165, 10 Cal. App. 669.strument under oath or affirmation is emTestimony given before an examiner may braced by the term "depose." Town of Chebe treated as a “deposition" within the mean- cotah v. Town of Eufaula, 119 Pac. 1014, ing of Rev. St. U. S. § 824, providing for 1017, 31 Okl. 85. 2 WDS.& P.2D SER.-1 |